5 total
Judicial review of arbitrator's refusal to grant intervener status in labour grievance dismissed.
The applicants sought judicial review of an arbitrator's decision denying them intervener status in a labour grievance between a union and an employer regarding alleged subcontracting violations.
The applicants argued the grievance would adversely affect their ability to work and supply workers.
The Divisional Court dismissed the application, upholding the arbitrator's finding that the applicants lacked a direct and legal interest in the private dispute resolution process between the union and the employer.
Judicial review dismissed; arbitrator reasonably excluded late expert report and reinstated employee after positive marijuana test.
The applicant employer sought judicial review of a labour arbitrator's decision reinstating a railway conductor who was terminated following a positive urine test for marijuana.
The employer argued the arbitrator unreasonably excluded an expert report on marijuana impairment tendered eight days before the hearing.
The Divisional Court dismissed the application, finding the arbitrator reasonably exercised his discretion to exclude the late report to protect the integrity and fairness of the expedited arbitration process.
The Court also upheld the arbitrator's conclusion that a positive urine test, without corroborating evidence of impairment, did not establish a violation of the employer's drug policy.
Tribunal dismisses Charter challenge, finding the AEPA provides a constitutional process for agricultural collective bargaining.
The United Food and Commercial Workers International Union (UFCW) brought a Charter challenge alleging that Sections 2(1) and 5 of the Agricultural Employees Protection Act (AEPA) violated the freedom of association rights of agricultural workers at a medical marijuana facility under Section 2(d) of the Charter.
The Tribunal found that the AEPA provides a meaningful process of collective bargaining, including employee choice, independence, and a duty of good faith.
The Tribunal concluded that the absence of a statutory right to strike or a Wagner Act model of collective bargaining did not render the AEPA unconstitutional.
The Charter challenge was dismissed.
Motion to strike affidavit evidence dismissed as untimely and disruptive to the hearing schedule.
The Attorney General brought a motion to strike portions of the UFCW's affidavit evidence-in-chief on the first day of a scheduled constitutional challenge hearing.
The Tribunal dismissed the motion, finding it was brought too late and would unnecessarily disrupt the hearing schedule.
The Tribunal noted its broad discretion under section 15 of the Statutory Powers Procedure Act to admit evidence that might be inadmissible in court, and stated that issues of reliability and weight could be addressed during the hearing.
Motion to strike affidavit evidence dismissed due to untimeliness and Tribunal's broad evidentiary discretion.
The Attorney General moved to strike portions of the UFCW's affidavit evidence-in-chief on the first day of a constitutional challenge hearing before the Agriculture, Food and Rural Affairs Appeal Tribunal.
The Tribunal dismissed the motion, finding it was brought too late and would disrupt the hearing schedule.
The Tribunal also noted its broad discretion under section 15 of the Statutory Powers Procedure Act to admit evidence that might be inadmissible in a court of law, leaving issues of reliability and weight for later determination.
