2 total
Application withdrawn without conditions; respondent may raise timeliness objections if allegations are re-filed.
The applicant sought to withdraw her human rights application due to a family emergency requiring her to travel abroad.
The respondent requested that the withdrawal be granted 'with prejudice' to filing a new application, noting the impending expiry of the one-year limitation period under s. 34(1) of the Human Rights Code.
The Tribunal granted the withdrawal without terms, holding that any timeliness objections could be raised if the applicant attempted to re-file the allegations in the future.
Judicial review of OLRB certification dismissed; reasonable to accept membership card signed on application date after layoff.
The applicant employer sought judicial review of two Ontario Labour Relations Board decisions granting union certification in the construction industry.
The employer argued the Board erred by accepting a union membership card from an employee who worked on the application date but signed the card later that day after being laid off.
The Divisional Court held that the standard of review was reasonableness.
The Court found the Board's long-standing practice of not parsing the date of application into units of time of less than a day was consistent with the Labour Relations Act and its purposes.
The application for judicial review was dismissed.
