Paul J. Cavalluzzo

The applicants sought judicial review of an interlocutory decision by the Agricultural, Food and Rural Affairs Tribunal adding a former human resources administrator as a respondent party to an unfair labour practice complaint.

The applicants also alleged a reasonable apprehension of bias against the Tribunal.

The Divisional Court held that the Tribunal exceeded its jurisdiction by adding the administrator as a party, as the complaint contained no allegations that she personally breached the Agricultural Employees Protection Act.

The Court dismissed the bias allegations, finding that the applicants had waived their objections and failed to establish a reasonable apprehension of bias.

The applicant school board sought judicial review of an arbitrator's decision that found two special education positions fell within the teachers' bargaining unit rather than being excluded as principal or vice-principal positions.

The school board argued the arbitrator misinterpreted the Education Act and the collective agreements, and that he lost jurisdiction by delaying his decision for over two years.

The Divisional Court dismissed the application, finding the arbitrator's interpretation was not patently unreasonable and that the statutory time limit for rendering a decision is directory rather than mandatory.

The respondent school board brought a motion to strike an affidavit filed by the applicant union in support of its application for judicial review of an arbitrator's interim award concerning a teacher's discharge.

The union argued the affidavit was necessary to establish an agreement between the parties and a breach of natural justice regarding the arbitrator's findings on culpable conduct and culminating incidents.

The court found the affidavit failed to establish the alleged agreement, was inconsistent with the record, and did not demonstrate a breach of natural justice or an absence of evidence.

The motion was granted, and the entire affidavit was struck from the record.