Rebecca Fox

The Applicants challenged the Toronto Transit Commission Labour Disputes Resolution Act, 2011, arguing it infringed their freedom of association under s. 2(d) of the Charter by prohibiting the right to strike and replacing it with compulsory binding interest arbitration.

The court found the Act substantially interfered with meaningful collective bargaining and was not justified under s. 1 of the Charter, as the TTC was not an "essential service" in the constitutional sense, and the economic and equity concerns did not justify the complete prohibition of the right to strike.

The Act was declared unconstitutional and of no force and effect.

This trial concerned the issue of parenting time for the father (respondent) with the parties' three-year-old daughter.

The mother (applicant) sought an order for no parenting time, alleging highly abusive and stalking behaviours by the father.

The father sought supervised access to develop a relationship with his daughter, alleging the mother had unjustly denied him access through fabrications.

The court conducted a detailed credibility assessment, finding the mother's evidence inconsistent and lacking corroboration, while the father's evidence was found to be clear, convincing, and cogent.

The court concluded that the mother had unreasonably withheld the father's parenting time and that it was in the child's best interests to commence supervised access.