Dorceus v. Ontario

Bourque/Chima v. Public Service Alliance Of Canada et al

This is an interlocutory proceeding addressing subject matter jurisdiction in a labour relations dispute. The court dismissed the action, finding that the Labour Board has exclusive jurisdiction over the union's internal disciplinary process and allegations of procedural unfairness under the Federal Public Sector Labour Relations Act.

Purolator Inc. v. Canadian Union of Postal Workers

Labour Dispute Injunction: CUPW v. Purolator Appeal

This is an appeal concerning the jurisdiction of a court to issue an injunction against picketing by the Canadian Union of Postal Workers at Purolator Inc. The Court of Appeal allowed the appeal and set aside the injunction, ruling that the employer lacked jurisdiction because proper notice under s. 102 of the Courts of Justice Act was not provided, despite the picketing being connected to a labour dispute.

Remcan Projects LP v. Wallace

Labour Relations: Exclusive Jurisdiction & Stay of Action

This is a procedural ruling on a motion to stay a civil action and strike pleadings in a dispute concerning union organizing and certification. The court determined that the essential character of the dispute fell within the exclusive jurisdiction of the Ontario Labour Relations Board under the Labour Relations Act, 1995, applying the Weber two-part test. Consequently, the civil action was stayed to avoid duplication and inconsistent findings, and specific tort claims were struck as non-justiciable certification harms.

Formenton v. Newport Sports Management Inc. et al.

Arbitration Award Set Aside: Labour Relations & Fairness

This is a procedural ruling on an application to set aside an arbitration award in a closed shop labour relations context. The court addressed issues of arbitrator jurisdiction, the validity of a six-month contractual limitation period, and procedural fairness regarding the arbitrator's consideration of NHLPA information.

Ontario Public Service Employees Union v. Ontario (Attorney General)

Union Strike Termination: Charter Rights Appeal

This is an appeal concerning the constitutionality of back-to-work legislation that terminated a legal strike by the Ontario Public Service Employees Union. The Court of Appeal affirmed the Saskatchewan Federation of Labour decision, finding that the complete prohibition on striking substantially interfered with meaningful collective bargaining under s. 2(d) of the Charter. However, the Court held that this limit was justified under s. 1 as a reasonable measure to avert student harm during the academic year.