Shaw v. McLeod
Union Representation and Duty of Fair Representation in Employment Dispute
Summary
A merits decision involving a dispute over union officers' alleged discriminatory and arbitrary conduct during collective bargaining. The plaintiffs claimed the union officers negotiated a pay scale favoring regular firefighters over dispatchers, raising questions about the duty of fair representation and the liability of union officers in tort. The case also involves statutory interpretation of the Ontario Labour Relations Act and the applicability of common law duties to excluded workers.
Key Factors
- union representation
- duty of fair representation
- collective bargaining
- individual liability of union officers
- statutory interpretation
Related Cases
Douglas v. Babiar
2025 ONSC 7075 (CanLII) · 2025-12-19Police Discipline Case: Dismissal of Motion to Strike on PSA Provisions
A motion to strike was dismissed in a case involving police discipline and collective agreement interpretation. The court considered jurisdiction over tort claims linked to PSA proceedings and the admissibility of PSA information in a civil proceeding.
Dore v. Registered Nurses’ Association of Ontario
2025 ONSC 1018 (CanLII) · 2025-02-18Professional Association Breach of Good Faith: Dore v. Registered Nurses’ Association of Ontario
A motion to strike and stay claims against a professional association for alleged breaches of good faith in processing an application for legal assistance. The case involves the application of the Bhasin v. Hrynew framework for good faith in contractual relationships and the impact of regulatory investigations on professional practice.
Joseph v. Canada School of Public Service et al.
2022 ONSC 6734 (CanLII) · 2022-12-01Workplace Disputes: Claims of Negligence and Defamation Dismissed
A case involving workplace disputes where the plaintiff's claims of negligence and defamation against employer and individual defendants were dismissed for lack of jurisdiction under the Federal Public Sector Labour Relations Act. The court also addressed privacy torts involving the police and granted leave to amend the claim to focus on actionable privacy torts.
Dymon Storage Corporation v. Nicholas Caragianis
2022 ONSC 5883 (CanLII) · 2022-10-18Noncompetition Covenants and Confidential Information Dispute
A court case involving a noncompetition covenant dispute between Dymon Storage Corporation and Nicholas Caragianis. The court denied an interlocutory injunction for the noncompetition clause, found it unreasonable, and granted leave to amend the statement of claim to add affiliates as plaintiffs.
EllisDon Residential Inc. v. Limen Group Const. (2019) LTD. et al.
2022 ONSC 1917 (CanLII) · 2022-03-30Jurisdictional Dispute: Court Defers to OLRB in Labour Relations Case
A court case determining the jurisdiction to adjudicate disputes between a contractor and unions, involving economic tort claims and civil procedure matters. The court deferred to the Ontario Labour Relations Board (OLRB) for specialized expertise in construction labour disputes and granted a representation order to validate the proceedings.
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.