Labour relations — Ontario Employment Law

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.

B. v. Public Service Alliance Of Canada et al

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.

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.

Purolator Inc. v. Canadian Union of Postal Workers

Labour Dispute Injunction: CUPW v. Purolator Appeal

This is an appeal to the Court of Appeal from a motion judge's decision granting an injunction against picketing. The employer, Purolator, obtained a court order without notice to stop the Canadian Union of Postal Workers from picketing outside its facilities during a strike against Canada Post. The motion judge decided that the strict notice rules for labour disputes did not apply because Purolator was not directly involved in the union's dispute with Canada Post. The Court of Appeal allowed the appeal and set aside the injunction. The Court ruled that the picketing was connected to a labour dispute because Canada Post owns most of Purolator, meaning the employer was legally required to give notice before getting the injunction.

Remcan Projects LP v. W.

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, although the claim was not struck.

B. v. ATU Local 113

A judicial review application concerning a unionized employee's attempt to bypass the union and seek relief for an unfair labour practice complaint. The Divisional Court refused an extension of time due to an eighteen-month delay and found the employee lacked standing to seek judicial review where the union had declined to act, considering the deference owed to labour arbitrators.

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.

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.

W. v. Ontario Labour Relations Board et al

Judicial Review: Duty of Fair Representation & Union Bias

This is a judicial review application concerning the Ontario Labour Relations Board's decision to dismiss a duty of fair representation application. The Divisional Court reviewed whether the Board acted reasonably under the Vavilov standard regarding the union's withdrawal of a grievance, alleged bias, and sufficiency of reasons. The application for judicial review was dismissed.

S. v. Rama Police Service

Judicial Review: Police Suspension Without Pay Quashed

This is a judicial review of a police service discipline board's decision regarding a suspension without pay and procedural fairness issues. The Divisional Court upheld the board's extension of time but quashed the suspension without pay due to unfair mid-stream policy changes, and ordered a new hearing officer due to a reasonable apprehension of bias.

Holland L.P. v. Labourers International Union of North America et al.

Judicial Review: Labour Board Jurisdiction Dismissed

This is a judicial review of a Labour Relations Board decision concerning the jurisdiction to certify a union for employees performing maintenance on railway infrastructure. The Divisional Court dismissed the application, upholding the Board's finding that the work fell under provincial jurisdiction rather than federal railway jurisdiction, applying the correctness standard of review.

T. v. Ontario Labour Relations Board

Judicial Review of OLRB Decision Dismissed

This is a judicial review of a decision by the Ontario Labour Relations Board (OLRB). The Divisional Court dismissed the application for judicial review, finding that the OLRB's reasons were coherent and reasonable under the Vavilov standard, and that its findings regarding collateral attack, abuse of process, and delay were justified.

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.

Sobeys Capital Inc. v. United Food and Commercial Workers International Union, Local 633

Judicial Review: OLRB Craft Unit Certification Reasonableness

This is a judicial review application concerning the reasonableness of the Ontario Labour Relations Board's decision to certify a craft bargaining unit for meat department workers at a Sobeys store. The Divisional Court applied the standard of review framework from Canada v. Vavilov, assessing whether the Board's determinations regarding the appropriate unit and craft status were reasonable. The Court affirmed deference to the specialized labour tribunal.

B. v. Enercare Home and Commercial Services Inc.

A judicial review application concerning the timeliness of reactivating an application before a tribunal and the duty of candour owed by counsel. The Divisional Court applied the Vavilov reasonableness standard and reviewed the tribunal's decision to dismiss the application for failing to meet reactivation requirements and finding no breach of duty by counsel.

A. v. Ontario Labour Relations Board

Judicial Review of OLRB Interim Decision

This is a judicial review application concerning the Ontario Labour Relations Board's interim decision to proceed to the merits of a matter. The Divisional Court held that judicial review of interim decisions is generally premature and should be avoided absent exceptional circumstances, and that the refusal of a default judgment did not constitute such circumstances.

Canadian Union of Postal Workers v. Canada (Attorney General)

Postal Workers v. Canada: Back-to-Work Legislation Appeal

This is an appeal from a lower court decision regarding the constitutionality of the Postal Services Resumption and Continuation Act. The Court of Appeal dismissed the appeal, finding that while the legislation limited the right to strike under s. 2(d) of the Charter, the limit was justified under s. 1 as a minimal impairment measure providing for interest arbitration.

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

Union Strike Termination: Charter Rights Appeal

This is an appeal to the Court of Appeal from an application judge's decision about the constitutionality of back-to-work legislation. The parties were the Ontario Public Service Employees Union and the Government of Ontario. The application judge dismissed the union's challenge to the legislation. The Court of Appeal decided that while the legislation limited the workers' right to strike, this limit was justified to prevent harm to college students from losing their academic year. The appeal was dismissed and the union was ordered to pay $50,000 in costs.

C.S. v. Ontario Labour Relations Board

Judicial Review of OLRB Decision

This is a judicial review application brought by an individual against the Ontario Labour Relations Board. The Divisional Court found that the Board's decision was reasonable, that the application was premature regarding reconsideration, and that the Board acted within its jurisdiction.