Ontario Severance

United Steel v. National Steel Car Limited

2013 ONCA 401 (CanLII)Court of Appeal for OntarioDecided Labour relations

Labour Arbitration: Court Quashes Unreasonable Decision

Summary

This is an appeal from a Divisional Court decision concerning the judicial review of an arbitrator's award in a labour dispute. The Court of Appeal agreed with the dissenting judge below that the arbitrator's decision was unreasonable and quashed it. The appellant was awarded $10,000 in costs.

Outcome

Appeal allowed; arbitrator's decision quashed

Award

$10,000 in costs awarded to the appellant

Key Factors

  • judicial review of arbitration
  • standard of reasonableness
  • labour relations
  • quashing of arbitrator's decision

Related Cases

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

2026 ONSC 4761 (CanLII) · 2026-08-17

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

2026 ONCA 515 (CanLII) · 2026-07-14

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

2026 ONSC 3571 (CanLII) · 2026-06-17

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.

Dorceus v. Ontario

2026 ONCA 321 (CanLII) · 2026-05-06

Dorceus v. Ontario: Charter Claims Struck for Arbitration

This is an appeal from a motion to strike where the Court of Appeal dismissed the appeal and struck the pleadings. The appellants, including unionized healthcare workers and privileged hospital staff, attempted to litigate vaccine policy disputes and privilege revocations in civil court. The court held that these matters fell under the exclusive jurisdiction of labour arbitration or statutory review bodies, striking the Charter and tort claims as an abuse of process.

Formenton v. Newport Sports Management Inc. et al.

2026 ONSC 1373 (CanLII) · 2026-03-06

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.

This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.