The applicants, graduate students and teaching assistants at York University, sought judicial review of a University Tribunal decision disciplining them for misconduct during a legal strike.
The Tribunal had assumed jurisdiction under the Student Code.
The Divisional Court quashed the Tribunal's decision, holding that the essential character of the dispute was labour-related and fell within the exclusive jurisdiction of a labour arbitrator under the Labour Relations Act and the Back to Class Act.
The Court also found exceptional circumstances to hear the judicial review despite the applicants not exhausting internal appeals, and noted the Tribunal's process was procedurally unfair.
