Collective Agreements — Ontario Employment Law

N. v. Liquor Control Board of Ontario

N. v. LCBO: Judicial Review of Termination Dismissed

This is a judicial review application concerning the termination of an employee by the Liquor Control Board of Ontario. The applicant sought to challenge the termination as an exercise of statutory power, but the Divisional Court found no jurisdiction for judicial review, noting the dispute was governed by a collective agreement and subject to grievance arbitration. The application was dismissed as frivolous, vexatious, and an abuse of process.

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.

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.

K. v. The Independent Electricity System Operator et al.

Judicial Review of Labour Arbitration: Standing and Jurisdiction

This is a judicial review application concerning a labour arbitration decision regarding a former unionized employee's termination and severance entitlements. The Divisional Court dismissed the application, finding that the arbitrator had exclusive jurisdiction under the collective agreement, the arbitration was procedurally fair, and the employee lacked standing to challenge the decision.

F. v. Sun Life Assurance Company of Canada

F. v. Sun Life: Jurisdiction & LTD Dismissal

This case addresses whether a dispute arising from an employee's resignation and termination falls under exclusive arbitral jurisdiction via a collective agreement or can proceed as a civil claim for negligent misrepresentation. The court also examined whether an insurer's summary judgment regarding the termination of long-term disability benefits should be granted, finding genuine issues for trial regarding policy administration and credibility.

R.W. Tomlinson Limited v. Labourers’ International Union of North America, Local 527

Labour Arbitration Jurisdiction: Weber Approach

An appeal concerning the jurisdiction of a labour arbitrator versus the courts in a dispute between an employer and a union. The Court of Appeal affirmed the arbitrator's exclusive jurisdiction over claims arising from the collective agreement but ordered a temporary stay for non-party claims pending arbitration.

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.

Labourers’ International Union of North America, Loc 183 v Vox Construction Inc.

Union Contempt Motion: 21-Day Incarceration for Non-Compliance

This is a procedural ruling on a motion for contempt of court brought by a union against an employer and its officer for failing to comply with a court order converting an arbitrator's award for unpaid wages and benefits. The court found the employer in civil contempt for intentional disobedience and ordered 21 days of incarceration to compel compliance, while also awarding substantial indemnity costs to the union.

G. v. C. and CSCNO

This is a motion to strike and leave to amend proceeding concerning the jurisdiction of the court over employment-related claims. The plaintiff, whose employment was governed by a collective agreement, sought to challenge her termination and alleged a breach of the duty of fair representation by the union. The court determined that disputes arising from collective agreements and claims regarding the duty of fair representation fall under the exclusive jurisdiction of labour tribunals, such as the Ontario Labour Relations Board, rather than the courts.

A. v. B.

Workplace Harassment Jurisdiction: Weber Framework Application

This is a jurisdictional motion determining whether claims of workplace harassment, defamation, and intentional interference with economic relations fall under the exclusive jurisdiction of a Grievance Settlement Board or the courts. Applying the Weber v. Ontario Hydro framework, the court analyzed the essential character of the dispute based on the pleadings to determine if it arose from the collective agreement. Costs were awarded to the successful party on a motion to dismiss for lack of jurisdiction.

G. v Ontario Teacher’s Pension Plan

This is a procedural ruling on a motion to strike where the court determined it lacked jurisdiction over disputes arising from a collective agreement and the duty of fair representation. The court held that such matters fall under the exclusive mandate of the Ontario Labour Relations Board, citing Weber v. Ontario Hydro, and struck the claims against the union counsel and the pension plan.

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.

P. v. University of Windsor et al

P. v. University of Windsor: Jurisdiction & Pleadings

This is an interlocutory proceeding addressing procedural and jurisdictional issues in a civil action involving a former university employee. The court ruled that leave is required to add new defendants, that defamation pleadings lacked sufficient particularity, and that new human rights claims could not be added without leave. Crucially, the court held that disputes arising from the collective agreement fall under the exclusive jurisdiction of a labour arbitrator, while documents from labour arbitration were not protected by the implied undertaking rule.

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.

Royal Ottawa Health Care Group v. OPSEU

Judicial Review: Arbitration on Statutory Holiday Pay

This is a judicial review of a labour arbitration award concerning a collective agreement between the Royal Ottawa Health Care Group and OPSEU. The Divisional Court examined whether the arbitrator's decision on statutory holiday pay and the interpretation of 'required to work' fell within a range of reasonable outcomes, applying the reasonableness standard under Vavilov.

D. v. His Majesty the King in Right of Ontario

A procedural motion in a labour and employment dispute concerning the admissibility of affidavits filed by the defendant. The court addressed objections regarding relevance, hearsay, and opinion evidence, holding that factual references to collective agreements were permissible and credibility issues are matters for cross-examination.

D. v. Ontario et al.

This is a procedural ruling concerning the jurisdiction of courts in matters involving collective agreements and labour law.

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.