L. v. O.P.S.E.U. (Ont.C.A.)

United Steelworkers v. Greenfirst Forest Products

Judicial Review of Labour Arbitration: Overtime Dispute

This is a judicial review of a labour arbitration award concerning the distribution of weekend overtime under a collective agreement. The Divisional Court applied the Vavilov reasonableness framework and found the arbitrator's decision unreasonable for failing to address the Letter of Understanding and the central issue of student overtime compensation. The court set aside the award and remitted the matter to a different arbitrator for reconsideration.

B. 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.

OPSEU v. The Crown

Judicial Review of Labour Arbitrator: OHSA and Estoppel

This is a judicial review application brought by the union challenging a labour arbitrator's decision regarding grievance arbitration and occupational health and safety obligations. The Divisional Court reviewed the application, finding that the arbitrator's application of issue estoppel and balancing of finality and fairness was reasonable and that no distinct contractual obligation existed beyond the OHSA duties.

B. v. York Region District School Board

Weber Exclusive Jurisdiction in School Board Harassment

This is a judicial review proceeding where the Divisional Court reviewed an application challenging the School Board's handling of a workplace harassment investigation. The court determined that the dispute arose from the interpretation and application of the collective agreement, granting exclusive jurisdiction to the Ontario Labour Relations Board under the Weber principle, thereby barring the court from hearing the matter.

Purolator Inc. v. Canadian Union of Postal Workers

Labour Dispute Injunction: CUPW v. Purolator Appeal

This is an appeal to the Court of Appeal from a motion judge's decision granting an injunction against picketing. The employer, Purolator, obtained a court order without notice to stop the Canadian Union of Postal Workers from picketing outside its facilities during a strike against Canada Post. The motion judge decided that the strict notice rules for labour disputes did not apply because Purolator was not directly involved in the union's dispute with Canada Post. The Court of Appeal allowed the appeal and set aside the injunction. The Court ruled that the picketing was connected to a labour dispute because Canada Post owns most of Purolator, meaning the employer was legally required to give notice before getting the injunction.