Grievance Arbitration — Ontario Employment Law

H. v. Sun Life Assurance Company of Canada

This is an appeal from a motion judge's decision regarding jurisdiction and procedural fairness in a labour relations context. The Court of Appeal upheld the finding that the appellant's claim against his employer and Transport Canada was grievable under the Federal Public Sector Labour Relations Act and thus outside the court's jurisdiction, and also upheld the refusal to allow an amendment to the claim.

Ontario Public Service Employees Union v. Ontario (Solicitor General)

Judicial Review: Grievance Arbitration & Issue Estoppel

This is a judicial review of a grievance arbitration decision involving the Ontario Public Service Employees Union and the Ontario Solicitor General. The Divisional Court reviewed whether the Arbitrator reasonably applied issue estoppel to dismiss grievances alleging violations of the collective agreement and the Occupational Health and Safety Act (OHSA) based on prior Inspector decisions. The Court upheld the Arbitrator's decision as reasonable, finding that the grievances constituted an impermissible collateral attack on the statutory appeal process.

Metrolinx v. Amalgamated Transit Union, Local 1587

This is a judicial review proceeding concerning a grievance arbitration award in a labour relations dispute. The Divisional Court reviewed the arbitration decision involving Metrolinx and the Amalgamated Transit Union, Local 1587.

J. v. Canada School of Public Service

Grievance Arbitration Jurisdiction: Privacy Tort Claims

This is an appeal to the Divisional Court from a procedural ruling on an interlocutory motion in a labour and employment dispute. The central issue was whether privacy tort claims against the employer fell within the exclusive jurisdiction of grievance arbitration under the Federal Public Sector Labour Relations Act or were actionable in the courts. The appeal was dismissed.

W. v. C.

This is a labour relations case concerning the union's duty of fair representation in grievance arbitration. The dispute arises from the interpretation of collective agreements and the conduct of unions in representing employees.

B. v. CUPE Local 4400

This is a judicial review application concerning the exclusive jurisdiction of a grievance arbitrator versus the Human Rights Tribunal of Ontario (HRTO) in a labour relations context. The Divisional Court dismissed the motion to extend time for the judicial review, finding that the applicant failed to show apparent grounds for relief and that extending time would cause prejudice to the respondent.

Canadian Broadcasting Corporation v Canadian Media Guild

This is a judicial review of a grievance arbitration decision regarding the disclosure of an investigator's report under a collective agreement. The Divisional Court upheld the arbitrator's order for disclosure, finding that the Grievance Processing Agreement (GPA) acted as a statutory tribunal and that the disclosure order was reasonable and procedurally fair.

National Organized Workers Union v. Sinai Health System

Union Injunction: Mandatory Vaccination Policy

This is an appeal to the Court of Appeal from an application judge's decision denying an interlocutory injunction. The union sought to prevent the hospital employer from enforcing a mandatory COVID-19 vaccination policy pending grievance arbitration. The application judge declined to intervene, finding that the potential harm of lost income could be fully remedied by an arbitrator. The Court of Appeal dismissed the appeal, confirming there was no remedial gap in the labour relations process to justify the court's residual jurisdiction. The denial of the injunction stands.

E. v. ACTRA Performers’ Rights Society

ACTRA Use Fees: Exclusive Jurisdiction of Arbitration

This is an appeal to the Divisional Court regarding the exclusive jurisdiction of grievance arbitration versus the courts for a dispute over the calculation of Use Fees under a collective agreement. The Court allowed the appeal, finding that the dispute arose from the interpretation of the collective agreement and thus fell under the Labour Relations Act, while also refusing to admit fresh evidence regarding the corporate status of ACTRA PRS.

Allied Construction Employees, Local 1030 v. Bricklayers Masons Independent Union of Canada Local 1, Labourers’ International Union of North America Local 183

Judicial Review: Arbitrator Denies Intervener Status

A judicial review application concerning the reasonableness of an arbitrator's refusal to grant intervener status to competing unions in a grievance arbitration. The Divisional Court affirmed the exclusive jurisdiction of the Ontario Labour Relations Board over alleged LRA violations, finding the applicants lacked a direct and legal interest.

G. v. S.

Jurisdiction: Sexual Harassment in Unionized Workplace

This is an interlocutory or jurisdictional decision determining whether civil courts have jurisdiction over sexual harassment and assault allegations in a unionized workplace governed by a collective agreement. The court considered the application of the Weber and Parry Sound principles, whether the labour arbitrator has exclusive jurisdiction, and whether civil claims for damages under the Human Rights Code are barred.

Air Canada v. Canadian Union of Public Employees, Air Canada Component

This is a judicial review application concerning a grievance arbitration between Air Canada and the Canadian Union of Public Employees. The Divisional Court stayed the application as premature because the arbitrator had substituted a suspension for termination but remained seized of the issue of reinstatement, meaning no final decision had been rendered.

R. v. Waterloo Regional Police Services Board

This is a procedural ruling by the Court of Appeal for Ontario regarding the jurisdiction of the Superior Court to hear claims of systemic gender-based workplace discrimination and harassment by police officers. The Court held that the Superior Court lacks jurisdiction because the Police Services Act and the collective agreement provide mandatory grievance and arbitration mechanisms, applying the Weber framework to require resolution through those channels or the Human Rights Tribunal.

Ontario Public Service Employees Union v. The Crown in Right of Ontario

Judicial Review: WSIA Jurisdiction and Harassment Damages

This is a judicial review of a Grievance Settlement Board decision regarding workplace bullying and harassment under a collective agreement. The Divisional Court examined whether the Board had jurisdiction to award damages for mental stress injuries compensable under the Workplace Safety and Insurance Act (WSIA) and whether its reliance on WSIAT decisions was reasonable. The Court found the decision reasonable and declined to consider new arguments raised for the first time on judicial review.

Toronto Community Housing Corp. v. C.U.P.E. Local 79 et al

Judicial Review of Arbitration Award: Reinstatement Remitted

This is a judicial review of a grievance arbitration award reinstating an employee dismissed for cause. The employer alleged the arbitrator breached procedural fairness and made unreasonable findings regarding evidence and reasons. The Divisional Court found the arbitrator's decision lacked sufficient analysis and justification, resulting in the grievance being remitted for rehearing before a different arbitrator.

D.M. v R. et al et al.

This is an interlocutory proceeding determining whether the court has jurisdiction over a defamation claim brought by an employee against co-workers for statements made during a workplace harassment investigation, or if the matter falls under the exclusive jurisdiction of grievance arbitration under the collective agreement. The court applied the Weber v. Ontario Hydro framework to assess if the arbitrator could provide an adequate remedy and considered whether workplace harassment policies mandated by the Occupational Health and Safety Act were incorporated into the collective agreement.

M.M. v Ontario English Catholic Teachers’ Association (‘OECTA’) et al, London District Catholic School Board (‘LDCSB’), Ontario Labour Relations Board (‘OLRB’)

A judicial review application concerning a grievance arbitration decision under the Labour Relations Act. The case addresses procedural and substantive issues within the context of collective labour relations and the oversight of labour boards.

Essar Steel Algoma Inc. (Re)

CCAA Stay of Grievance Arbitration: Essar Steel

This is a procedural ruling in insolvency proceedings concerning the treatment of employee grievance claims under the CCAA. The court addressed whether staying grievance arbitration and replacing it with a CCAA claims procedure violated the collective agreement, the Charter's freedom of association, or provincial labour laws. The court held that the stay and claims process were permissible under the CCAA and did not violate constitutional or statutory protections.

EllisDon Corporation v. Ontario Sheet Metal Workers' and Roofers' Conference and International Brotherhood of Electrical Workers, Local 586

Labour Relations: Estoppel Period Clarification

This is an appeal decision by the Court of Appeal for Ontario restoring an Ontario Labour Relations Board ruling in a labour relations matter. The court issued an addendum to clarify the application of the two-year estoppel period following its decision, addressing whether the period restarts from the date of the appellate decision.

EllisDon Corporation v. Ontario Sheet Metal Workers' and Roofers' Conference and International Brotherhood of Electrical Workers, Local 586

Judicial Review of OLRB Remedy in Labour Dispute

This is a judicial review of a Divisional Court decision that substituted its own remedy for that of the Ontario Labour Relations Board in a labour relations dispute. The Court of Appeal addressed whether the Divisional Court erred in substituting a permanent estoppel for the Board's two-year estoppel remedy and in reviewing the Board's admission of evidence under the Evidence Act.