The applicants sought an interlocutory injunction to restrain the Toronto Transit Commission from implementing random drug and alcohol testing for safety-sensitive employees pending the outcome of a policy grievance arbitration.
The court applied the RJR-MacDonald test and found that while there was a serious issue to be tried, the applicants failed to demonstrate irreparable harm, as any privacy breaches or wrongful dismissals could be compensated with damages.
Furthermore, the balance of convenience favoured the respondent due to the significant public interest in transit safety and evidence of a workplace drug and alcohol problem.
The motion for an injunction was dismissed.
