Arbitration — Ontario Employment Law

D. v. Ontario

D. 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.

F. v. HUB International Limited

Employment Contract: Option Dispute & Forum Selection

The Court of Appeal for Ontario dismissed an appeal concerning the interpretation of an employment agreement and option documents. The court determined that the Alternative Dispute Resolution (ADR) clause in the employment agreement did not govern the dispute over equity options, and enforced a Delaware forum selection clause despite allegations of unconscionability.

S. v. Strada XR Limited et al

Employment Arbitration Stay: ESA Compliance

This is a procedural ruling on a motion to stay court proceedings in favor of arbitration under the Arbitration Act, 1991. The court addressed whether the arbitration clause in the employment contract was valid and enforceable, particularly regarding its compliance with the Employment Standards Act, 2000. The court granted the stay, finding the dispute fell within the arbitration agreement and that the clause did not contract out of ESA minimum requirements.

F. v. Newport Sports Management Inc. et al.

Arbitration Award Upheld: 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.

Canada Post Corporation v. Canadian Postmasters and Assistants Association

This is a judicial review of a labour arbitration award regarding the interpretation of a collective agreement clause on the recovery of overpayments. The Divisional Court reviewed the application, finding the arbitrator's interpretation reasonable and affirming the arbitrator's flexibility in applying equitable doctrines like estoppel.

J.-M.D. v. The King (Ontario)

Workplace Discrimination: Jurisdiction & Arbitration Stay

This is an interlocutory proceeding addressing jurisdictional challenges and a motion to stay proceedings in a wrongful dismissal and discrimination case. The plaintiff, a non-unionized employee, alleged systemic anti-Black racism and misogynoir in the Ontario public service, seeking remedies under human rights law, workplace safety principles, and a novel public nuisance tort. The court denied the employer's request for a stay of proceedings, finding that the arbitration agreement was not binding on the plaintiff and that the court retained jurisdiction to hear claims outside the collective agreement scope.

2501373 Ontario Inc. et al. v. S. et al.

Arbitration Jurisdiction: Wrongful Dismissal in SPA

This is an appeal concerning an arbitration award where the arbitrator determined their jurisdiction over wrongful dismissal claims linked to a Share Purchase Agreement. The court addressed whether the arbitration agreement precluded appeals on questions of law and whether the arbitrator provided fair treatment to the parties.

Canadian Broadcasting Corporation v. Canadian Media Guild et al.

Judicial Review of Labour Arbitration: Separation Allowance

This is a judicial review of a labour arbitration award concerning the calculation of a separation allowance under a collective agreement between the Canadian Broadcasting Corporation and the Canadian Media Guild. The Divisional Court examined whether the arbitrator's decisions on continuous service, disability-related leaves, and pro-rating were reasonable and procedurally fair.

D. v. Amazon Canada Fulfillment Services

Appeal Dismissed in Amazon Class Action

Driver associates employed by third-party logistics companies sued Amazon Canada in a proposed class action, claiming it was a common employer. A motion judge previously denied certification, finding no common employer relationship and upholding arbitration agreements. The Ontario Court of Appeal dismissed the workers' appeal, agreeing that the claims against Amazon lacked common issues and could not proceed as a class action.

Metrolinx v. Amalgamated Transit Union, Local 1587

Metrolinx v. ATU, Local 1587 (Appeal Dismissed)

The Court of Appeal for Ontario heard an appeal of a Divisional Court decision that had quashed an arbitration award reinstating employees dismissed for sexual harassment. The Court of Appeal dismissed the appeal, holding that the arbitrator's findings were unreasonable due to errors in principle and reliance on stereotypes. The Court also affirmed that the employer had a statutory duty under the Occupational Health and Safety Act to investigate the incidents even in the absence of a formal complaint.

Canadian Union of Postal Workers v. Canada Post Corporation

The Canadian Union of Postal Workers sought judicial review of an arbitrator's decision that dismissed a grievance regarding the calculation of relief letter carrier positions under the collective agreement. The Divisional Court applied the reasonableness standard under Vavilov and upheld the arbitrator's decision, finding it internally coherent and justified.

F. v. Hub International Limited

Employment Contract: Arbitration vs Equity Dispute

This is an interlocutory proceeding determining whether a dispute over equity options falls under the arbitration clause of an employment agreement or a separate equityholders agreement. The court found no connection between the option dispute and the employment agreement, rendering the ADR clause inapplicable, and upheld the enforceability of the Delaware forum selection clause in the equityholders agreement.

A. et al v. A.

Judicial Review of Arbitration Award in Employment Dispute

This is a judicial review application concerning the enforcement of an arbitral award related to disparagement and confidentiality provisions. The applicants sought to set aside the award under section 46 of the Arbitration Act, 1991, alleging breaches of natural justice, and sought to introduce fresh forensic accounting evidence.

V.D. v. Toronto Police Association

Judicial Review: Duty of Fair Representation Police Association

This is a judicial review of an arbitrator's decision dismissing a duty of fair representation complaint brought against the Toronto Police Association. The applicant alleged the Association acted arbitrarily and discriminatorily by not grieving the termination of employment and withdrawal of benefits. The Divisional Court applied the Vavilov framework to consider whether the arbitrator's decision was reasonable, noting the arbitrator's findings of no breach of the duty of fair representation and no bias.

F. et al v. Wrestling Canada Lutte et al

Termination Clause Interpretation: Appeal Allowed, Claim Struck

This is an appeal from a motion judge's decision regarding the interpretation of without cause termination and dispute resolution clauses. The Divisional Court allowed the appeal, finding the motion judge's findings inconsistent, and struck the claim because the termination was lawful and no dispute survived to be arbitrated under the Arbitration Act, 1991.

London Civic Employees Union Local 107 v. Corporation of the City of London et al

Paid Holiday Entitlement Under Collective Agreement

This is a judicial review application concerning a labour arbitrator's interpretation of a collective agreement regarding paid holiday entitlements for outside employees. The Divisional Court reviewed the arbitrator's decision under the Vavilov standard, particularly regarding the interpretation of a federal proclamation and the Bills of Exchange Act.

Canadian Union of Postal Workers v. Canada Post Corporation

Judicial Review of Interlocutory Arbitral Award

This is a judicial review application concerning an interlocutory arbitral award in a labour dispute between a union and an employer. The Divisional Court declined to intervene, emphasizing the prematurity doctrine and the need to respect the arbitrator's expertise and the collective agreement's grievance process.

PUC Services Inc. v. Power Workers’ Union

This is a judicial review of an expedited labour arbitration award involving a dispute between PUC Services Inc. and the Power Workers’ Union. The Divisional Court upheld the arbitrator's procedural decisions and findings regarding the scope of protection for union representatives, dismissing the employer's application.

Canadian Pacific Kansas City Railway v. Teamsters Canada Rail Conference

This is a judicial review of an arbitration award concerning a collective agreement between Canadian Pacific Kansas City Railway and Teamsters Canada Rail Conference. The Divisional Court applied a reasonableness review under Vavilov to determine if the arbitrator's interpretation of Article 16 and Auxiliary Board conditions regarding bargaining unit work was unreasonable. The court found no demonstrable unreasonleness in the arbitrator's analysis and dismissed the application.

Stratford (City) v. Stratford Professional Fire Fighters Ass’n Local 534

The Divisional Court reviewed an interest arbitration supplemental award. The court applied the Vavilov standard of reasonableness, finding that the arbitrator's clarification of the award and reliance on mediation communications were rational and did not breach settlement privilege or exceed jurisdiction.