Omar Shahab

The applicant sought judicial review of a Grievance Settlement Board decision regarding the interpretation of a collective agreement.

The issue was whether the agreement provided for 100% reimbursement for a psychologist's report diagnosing the grievor's child with autism, or if it was subject to a cap for psychological services.

The Board had relied on a clause in a subsequent Implementation Agreement that neither party had made submissions on.

The Divisional Court found the Board's decision unreasonable because it relied on a paragraph that, in context, only applied to routine eye examinations and had no relevance to the psychological assessment at issue.

The Board's decision was quashed and remitted to a differently-constituted panel.

The applicant union sought judicial review of an arbitrator's decision that substituted a lengthy suspension without pay for the grievor's dismissal.

The Divisional Court dismissed the application on two grounds.

First, the applicant's unexplained delay of over a year and a half in perfecting the application caused prejudice to the respondent and warranted dismissal.

Second, the arbitrator's decision to deny back wages was entirely reasonable and within his broad remedial jurisdiction under the Labour Relations Act, 1995.

The court found no denial of procedural fairness, as the issue of penalty was in play throughout the hearing.

The applicant sought judicial review of the Ontario Human Rights Commission's decision to refuse to investigate his human rights complaint.

The Commission had determined that the complaint was more appropriately dealt with under the Crown Employees Collective Bargaining Act and the Labour Relations Act, as the applicant had previously grieved his dismissal and reached a settlement through his union.

The Divisional Court dismissed the application, finding that the Commission's decision was not patently unreasonable because the applicant had access to an arbitration procedure capable of adjudicating human rights issues and had already reached a settlement.