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The Court of Appeal has jurisdiction over appeals of injunctions restraining secondary picketing.
The Court of Appeal for Ontario considered whether an injunction restraining secondary picketing by the Canadian Union of Postal Workers at a Purolator facility was governed by section 101 or section 102 of the Courts of Justice Act.
The majority held that the definition of "labour dispute" in section 102 encompasses secondary picketing, and therefore, the appeal route lies to the Court of Appeal without leave under section 102(10).
The dissenting judge would have quashed the appeal, holding that the order was made under section 101 and thus appealable only to the Divisional Court with leave.
Judicial review of OLRB interlocutory decision dismissed as premature; ongoing certification process must conclude first.
The applicant employer sought judicial review of an interlocutory decision by the Ontario Labour Relations Board.
The Board had declined to consider the employer's late-filed notice under s. 8.1 of the Labour Relations Act challenging the union's estimate of the proposed bargaining unit size.
The Divisional Court dismissed the application for judicial review on the basis of prematurity, finding no exceptional circumstances to justify interfering with the ongoing administrative certification process.
Judicial review dismissed; OLRB reasonably found union abandoned bargaining rights through prolonged inactivity.
The applicant union sought judicial review of Ontario Labour Relations Board decisions finding that it had abandoned its bargaining rights for certain construction employees, thereby allowing a rival union's certification application to proceed.
The applicant argued the Board unreasonably departed from precedent by failing to focus on the union's intention to abandon its rights and by ignoring its 2021 negotiating efforts.
The Divisional Court dismissed the application, holding that the Board reasonably applied established principles, properly assessed the objective evidence of the applicant's prolonged inactivity, and correctly concluded that the bargaining rights had been abandoned by 2020 and could not be revived by subsequent conduct.
Motion to set aside order denying extension of time for judicial review dismissed for lack of merit.
The moving party sought an extension of time to file a motion to set aside a single judge's order dismissing her request for an extension of time to file a judicial review application.
The underlying dispute involved a duty of fair representation complaint against her union following an arbitration that reinstated her without compensation.
The Divisional Court panel dismissed the motion, finding no error of law or palpable and overriding error of fact in the motion judge's decision, and noting that the proposed fresh evidence would not have altered the outcome.
The motion was dismissed without costs.
Motion for extension of time to seek judicial review of OLRB decision dismissed due to unexplained delay and weak merits.
The self-represented applicant brought a motion for an extension of time to file an application for judicial review of an Ontario Labour Relations Board reconsideration decision.
The applicant sought to challenge the Board's finding that her union did not breach its duty of fair representation after it declined to seek judicial review of an arbitration award.
The Divisional Court dismissed the motion, finding that the eight-month delay was not adequately explained, the delay caused substantial prejudice to the timely resolution of labour disputes, and the underlying application for judicial review lacked merit.
Former employees' motion to intervene in an appeal regarding a termination damages fund was dismissed.
The Court of Appeal for Ontario heard a motion by 94 former employees (proposed interveners) to intervene as an added party in an appeal between 2505243 Ontario Limited and Princes Gates GP Inc. The employees sought to protect a $2.063 million fund set aside for their potential termination claims by the trial judge.
The motion was opposed by Princes Gates GP Inc., while 2505243 Ontario Limited took no position.
The court dismissed the motion, finding that although the proposed interveners had a direct financial interest, their submissions would largely duplicate those of 2505243 Ontario Limited and risked introducing a new, unlitigated issue (common employer) from a separate class proceeding.
Judicial review of OLRB decision reinstating union organizer dismissed; Board's findings of anti-union animus reasonable.
The applicant employer sought judicial review of an Ontario Labour Relations Board decision that reinstated an employee terminated shortly after participating in a union organizing drive.
The Board found the employer failed to prove the termination was free of anti-union animus.
On judicial review, the employer argued the Board breached procedural fairness by refusing to admit new evidence of poor job performance at the hearing, and that its credibility findings were unreasonable.
The Divisional Court dismissed the application, holding that the Board's refusal to admit late evidence accorded with its rules and procedural fairness, and that its findings of fact and credibility were reasonable and well-supported by the evidence.
