5 total
Urgent injunction motion regarding school closures scheduled conditionally; intervention motions deferred due to tight timelines.
The plaintiffs sought to schedule an urgent motion for an interlocutory injunction to compel the closure of schools to in-person learning in York Region due to COVID-19, prior to commencing a formal proceeding.
Several unions and school boards sought to intervene.
The court scheduled the injunction motion conditionally, requiring the plaintiffs to formally commence an action or application first.
The court declined to schedule the intervention motions on an urgent basis, finding it would be unfair to the responding parties given the tight timeline.
Judicial review dismissed; arbitrator reasonably concluded teachers have an absolute right to refuse extra courses.
The applicant school board sought judicial review of an arbitration award interpreting a collective agreement provision that prohibited assigning teachers more than three courses per semester without agreement.
The school board argued that teachers had an implied duty to act reasonably when refusing consent.
The Divisional Court dismissed the application, finding the arbitrator's conclusion that the provision granted an absolute right to withhold consent was reasonable and well within the range of acceptable outcomes.
Court declines jurisdiction over unionized employment dispute governed by collective agreement.
The defendants brought motions to dismiss a civil action commenced by a former teacher alleging workplace harassment, bullying, and constructive dismissal.
The plaintiff had been a member of a bargaining unit governed by a collective agreement between the school board and the teachers’ federation.
The court considered whether it had jurisdiction to hear the dispute or whether the claims fell within the exclusive jurisdiction of labour arbitration under the Labour Relations Act.
Applying the Supreme Court of Canada’s framework from Weber, the court held that the essential character of the dispute arose from the employment relationship governed by the collective agreement.
As the matters should have been addressed through the grievance and arbitration process or before the Ontario Labour Relations Board, the court lacked jurisdiction.
Appeal allowed; collective agreement bound the union and satisfied the trust agreement's definition.
The appellant appealed a motion judge's decision finding that its collective agreement with the school board did not meet the definition of 'Collective Agreement' under a trust agreement.
The Court of Appeal allowed the appeal, holding that the affiliated union was bound by the collective agreement under the Labour Relations Act, which satisfied the trust agreement's definition.
The collective agreement therefore governed the payments into the trust.
Application for judicial review of Minister's decision to revoke multi-site health and safety committee dismissed.
The applicants sought judicial review of a decision by the Minister of Labour's delegate to revoke a prior order that authorized a multi-site joint health and safety committee for the respondent school board.
The applicants argued the delegate failed to consider statutory criteria, exercise discretion properly, and provide procedural fairness.
The Divisional Court dismissed the application, finding the delegate's decision was a discretionary administrative decision akin to public policy, owed significant deference, and was reasonable given the committee's dysfunction.
