Robert Church

The applicant employer brought a motion before a single judge of the Divisional Court for an order in the nature of certiorari to quash an interlocutory decision of the Ontario Labour Relations Board.

The respondent union consented to the order, but the Board opposed it.

The single judge determined she lacked jurisdiction to grant a final order quashing the decision, as such relief must be granted by a three-judge panel of the Divisional Court under the Judicial Review Procedure Act and the Courts of Justice Act.

The court also noted that quashing an administrative decision requires a review of the merits, even on consent.

The motion was adjourned to a full panel.

The employer sought an interim stay of Ontario Labour Relations Board orders that found certain franchisees to be dependent contractors, pending an application for judicial review.

The court dismissed the motion, finding that the judicial review application was premature as the certification process was ongoing.

The court also held that the employer failed to establish irreparable harm, as the alleged harms were speculative, and the balance of convenience favoured the union due to the lengthy delays already experienced in the certification process.

The applicant filed a human rights application alleging discrimination on the basis of race, disability, and reprisal regarding her treatment as a member of an advisory board in 2009, and the respondent's subsequent investigation in 2011.

The Tribunal held a summary hearing to determine if the application had a reasonable prospect of success.

The Tribunal dismissed the 2009 allegations as out of time, finding the applicant failed to provide a good faith explanation for the delay.

The Tribunal also dismissed the allegation regarding the investigation, finding no reasonable prospect of success as the respondent had investigated the complaint and the applicant provided no evidence of a flawed investigation.