Scott G. Thompson

The appellant employer appealed a Divisional Court decision dismissing its application for judicial review of an Ontario Labour Relations Board decision.

The Board had initially issued a brief decision upholding a union grievance, and later issued supplementary reasons at the union's request.

The Court of Appeal allowed the appeal, holding that the Board lacked jurisdiction under section 114(1) of the Labour Relations Act to issue supplementary reasons without reconsidering the decision itself.

The Court found that the doctrine of functus officio applied, and the delivery of supplementary reasons raised a reasonable apprehension of result-driven, after-the-fact reasoning.

The matter was remitted for a new hearing before a differently constituted Board.

The Crown appealed a decision granting certiorari and prohibition to quash summonses issued under the Occupational Health and Safety Act.

The application judge held that jurisdiction was lost when nothing was done on the original return date and that the one-year limitation period had expired before new summonses were issued.

The Court of Appeal allowed the appeal, holding that s. 31 of the Provincial Offences Act preserves jurisdiction over the offence and permits the issuance of new summonses.

The Court also held that a prosecution is instituted when an information is laid, not when process is issued, meaning the charges were laid within the limitation period.

The respondent commenced a wrongful dismissal action after being terminated.

The appellant employer brought a motion to dismiss the action, arguing the court lacked jurisdiction because the respondent was covered by a collective agreement.

The motions judge dismissed the motion, finding the respondent exercised managerial functions and was not an employee under the Labour Relations Act.

The Court of Appeal allowed the appeal, holding that the motions judge lacked jurisdiction to determine the respondent's status.

Under the exclusive jurisdiction model, the question of whether a dispute is arbitrable must be determined by an arbitrator.

The action was stayed pending arbitration.