The applicant, a former respiratory therapist, sought judicial review of two arbitration awards from 1994 and 1995 that upheld his suspension and dismissal, as well as a 1999 Ontario Labour Relations Board decision dismissing his duty of fair representation complaint against his union.
The respondents moved to dismiss the application.
The Divisional Court dismissed the application on two independent grounds: excessive and unexplained delay of up to eight years, and the applicant's lack of standing to seek judicial review of arbitration awards where the union holds exclusive bargaining agency.
