Richard A. Blair

The applicant union sought judicial review of a Grievance Settlement Board (GSB) decision regarding a grievance for a poisoned work environment.

The GSB found that the grievor's rights were violated but concluded it lacked jurisdiction to award damages for mental stress, stating the Workplace Safety and Insurance Act (WSIA) was the appropriate forum.

The applicant argued the GSB's decision was unreasonable because it simultaneously found the employer's conduct fell within the WSIA's 'employment function' mental stress exclusion while directing the grievor to the WSIA scheme.

The Divisional Court agreed, allowed the application, and remitted the matter back to the same GSB arbitrator to properly determine whether the exclusion applied.

The applicant union sought judicial review of a Grievance Settlement Board decision which held that the Board lacked jurisdiction to award damages for mental stress arising from workplace bullying and harassment.

The Board concluded that the injury would be compensable under the Workplace Safety and Insurance Act, relying on previous tribunal decisions that found the acute mental stress limitation unconstitutional.

The Divisional Court dismissed the application, finding the Board's decision reasonable and declining to consider new arguments regarding the employment function bar and the Occupational Health and Safety Act that were not raised before the Board.

The applicant hospital sought judicial review of an arbitral award which concluded that physician assistants fell within the scope of the paramedical bargaining unit under the collective agreement.

The hospital argued the arbitrator exceeded his mandate and applied an overly broad definition of 'paramedical'.

The Divisional Court dismissed the application, finding that the arbitrator's interpretation of the collective agreement was reasonable, grounded in the ordinary meaning of the word, the parties' practice, and labour jurisprudence, and did not improperly sweep in other excluded employee groups.

The applicant union sought judicial review of an arbitration award dismissing a grievance for unjust termination and denial of benefits.

The grievor, who was off work on workers' compensation, claimed ongoing benefits from the predecessor employer after the entire business was sold to a successor employer.

The arbitrator held that the predecessor employer had no ongoing liability under the collective agreement except for crystallized entitlements.

The Divisional Court dismissed the application, finding the arbitrator's conclusion that the successor employer replaced the predecessor employer for ongoing benefits was reasonable and consistent with labour relations jurisprudence.

The applicant union sought judicial review of an arbitration board's decision that it lacked jurisdiction to hear a policy grievance regarding probationary faculty workload.

The union argued the board's reasons were inadequate and incomprehensible.

The Divisional Court agreed, finding the board failed to engage with the union's arguments or explain its conclusion regarding the collective agreement's exception for policy grievances.

The application for judicial review was granted, the arbitration award was quashed, and the matter was remitted to a differently constituted board.

The appellant union filed grievances claiming damages for employees' exposure to second-hand smoke in correctional facilities.

The Grievance Settlement Board determined it lacked jurisdiction to award damages for injuries compensable under the Workers' Compensation Act or the Workplace Safety and Insurance Act, regardless of whether the claim was framed in tort or contract.

The Divisional Court dismissed the application for judicial review.

The Court of Appeal dismissed the appeal, agreeing that the substance of the claim precludes the Board from awarding damages for compensable injuries.

The applicant university sought judicial review of an arbitration award that found it violated the collective agreement by requiring students in an introductory psychology class to mark the work of other students without pay.

The arbitrator concluded that the students performing the marking function were members of the bargaining unit, relying on past grievance settlements that established an agreed interpretation prohibiting unpaid student labour for teaching and evaluation.

The Divisional Court applied the reasonableness standard of review and dismissed the application, finding the arbitrator's decision was reasonable and consistent with past interpretations.

The applicant hospital sought judicial review of an arbitrator's decision upholding a grievance by a social worker (OPSEU member) who claimed permanent status in a Court Support Worker position.

The position had been temporarily vacated by a nurse (ONA member) who took a short-term acting manager role.

The Divisional Court found the arbitrator's decision unreasonable because he reversed the onus of proof, ignored compelling evidence that the assignment was temporary, and breached natural justice by failing to give notice of the hearing to the ONA.

The arbitrator's decision was set aside and the matter remitted to a new panel.