3 total
Judicial review of labour board decision dismissed due to undue delay and reasonable findings.
The applicant sought judicial review of a 1997 Ontario Labour Relations Board decision dismissing his complaints against his union under sections 74 and 76 of the Labour Relations Act.
The Divisional Court dismissed the application, finding that the four-and-a-half-year delay in bringing the application was undue and inadequately explained.
Furthermore, applying the patent unreasonableness standard of review, the court held that the Board's conclusion that the union had not acted arbitrarily, discriminatorily, or in bad faith was not patently unreasonable.
The applicant also failed to exhaust alternative remedies regarding the section 76 claim.
Production of medical documents ordered subject to strict confidentiality conditions.
The applicant requested production of certain documents.
The respondent did not dispute relevance but argued that health legislation and professional obligations imposed standards of confidentiality on health professionals regarding medical information.
The Board ordered the respondent to produce the documents, subject to an agreement that they would only be disclosed to the Board and counsel, who must preserve their confidentiality.
Union did not breach duty to bargain in good faith by insisting on single province-wide agreement.
The complainant employer association alleged that the respondent union breached its duty to bargain in good faith under section 15 of the Labour Relations Act.
The union had insisted on a single province-wide collective agreement for the elevator industry and refused to negotiate a separate agreement for non-ICI work, while negotiating separate non-ICI agreements with individual employers during a lawful strike.
The Board found that the union was bargaining within the scope of its rights and did not violate the Act by pressing its position to impasse or by making interim agreements with individual employers.
The complaint was dismissed.
