Willow Petersen

The accused, a teacher, was charged with sexual interference and sexual assault against three Grade 6 students.

The complainants alleged the accused touched their buttocks in crowded school hallways.

The Crown sought to admit the evidence of each complainant as similar fact evidence across all counts, which the court allowed, finding the similarities highly probative of intent.

However, applying the W.(D.) framework and recent Supreme Court jurisprudence in Berg, the court concluded that while the complainants were credible and the touching occurred, the crowded hallway conditions and the accused's evidence raised a reasonable doubt as to whether the contact was intentional.

The accused was acquitted on all counts.

The Union filed policy and group grievances regarding Flex Work Arrangements (FWA) for Field Staff.

The arbitrator ordered that Field Staff whose FWAs were suspended in 2020 due to the pandemic will have them reinstated no later than 30 days prior to the Return to Office (RTO).

The Employer will also consider new FWA applications from field staff no earlier than 30 days prior to RTO, and may change flex days or work assignments, with employees having the option to decline the FWA to keep their assignment.

In a group grievance alleging unreasonable workload for Case Managers, both the Union and the Employer sought pre-hearing production of documents and particulars.

The Arbitrator ordered the Employer to produce data on medical leaves, performance improvement plans, and workforce analysis from 2014 and 2018-2024, finding them arguably relevant to the Union's claims.

The Union was ordered to produce redacted individual workload survey results and to provide particulars explaining its assertion that 2014 workload levels were safe compared to later years.

The Employer's request for grievors' medical records was denied as premature.

The Grievance Settlement Board issued a procedural decision adjourning a scheduled hearing and setting a new date for case management.

The Employer was directed to make best efforts to provide requested particulars and documents, and to review outstanding production requests.

The Union was ordered to provide particulars regarding the nature of the continuing breach alleged in the 2018 grievance.

The applicant union sought judicial review of a labour arbitrator's award dismissing a grievance over the respondent hospital's unilateral decision to change the designated home worksites of finance department employees following a merger.

The union argued the collective agreement's mobility clause prohibited this change.

The Divisional Court dismissed the application, finding the arbitrator reasonably concluded that the collective agreement did not restrict the hospital's management right to transfer employees between worksites.

The court also ruled that an affidavit tendered by the union to supplement the record was inadmissible.

The applicants sought judicial review of a decision by the Registrar of the Ontario College of Teachers refusing to remove a 2014 finding of professional misconduct and reprimand from the public register.

The applicants argued that because the remedial course condition had been fulfilled, only the reprimand remained, entitling the teacher to its removal after three years under the College's by-laws.

The Divisional Court applied a reasonableness standard of review and upheld the Registrar's decision, finding that the initial penalty imposed included both a reprimand and a course, meaning it was not 'limited to a reprimand' as required by the by-law for automatic removal.