Labour Relations Act — Ontario Employment Law

SkipTheDishes Restaurant Services Inc. v. Canadian Union of Postal Workers

Judicial Review: Union Certification Voting Dispute

This is a judicial review concerning the certification of a union by the Canadian Union of Postal Workers against SkipTheDishes Restaurant Services Inc. The court reviewed the process under the Labour Relations Act, 1995, specifically addressing issues related to voting and certification.

Canadian Union of Skilled Workers v. Four Seasons Site Development Ltd.

Judicial Review: Related Employer Declaration Dismissed

This is a judicial review of an Ontario Labour Relations Board decision regarding whether two entities should be declared a single employer under the Labour Relations Act. The Divisional Court dismissed the application, finding that the Board's exercise of discretion and its reasons met the standard of reasonableness under Vavilov.

H. v Kerry’s Place Autism Services

Wrongful Dismissal Jurisdiction: Weber Analysis Applied

This is an interlocutory proceeding regarding jurisdiction and a motion to amend pleadings in a wrongful dismissal case. The plaintiff, dismissed for cause during a statutory freeze period, sought to proceed in court rather than before the Ontario Labour Relations Board. The court applied the Weber analysis, determining that the essential character of the claim predated union certification and was unrelated to union activities, thus retaining jurisdiction. Leave to amend the Statement of Claim was granted to remove references to union organizing activities, and the defendant's motion to strike was dismissed with costs.

EllisDon Corp. v. International Union of Painters et al

A judicial review application concerning labour relations issues, specifically the determination of successor employer status under the Labour Relations Act.

M. v. Manufacturers Life Assurance Co.

Unionized Employee Disability Benefits: Arbitrability Under Collective Agreement

A merits decision involving a unionized employee seeking long-term disability benefits under a collective agreement. The court addressed whether the dispute falls within the exclusive jurisdiction of a labour arbitrator and whether claims of negligence, bad faith, and punitive damages require court adjudication or fall under arbitration. The plaintiff’s action was dismissed in favour of arbitration, with costs awarded to the defendants.

Ontario (Minister of Community & Social Services) v. Ontario Crown Employees Grievance Settlement Board

Wrongful Dismissal: Employee Dismissed for Sexual Assault and Evidentiary Ruling Challenged

A merits decision involving a wrongful dismissal case where an employee was dismissed for sexual assault, and the Ontario Crown Employees Grievance Settlement Board refused to admit a certificate of conviction as prima facie evidence of assault. The court ruled that the Board's evidentiary decision was patently unreasonable and contrary to statutory duties under the Labour Relations Act.

K. v. Toronto Board of Education

Wrongful Dismissal and Collective Agreement Jurisdiction in Employment Law

A merits decision involving a wrongful dismissal and constructive dismissal claim under a collective agreement, with questions about the jurisdiction of grievance-arbitration under the Labour Relations Act, 1995, and whether claims of sexual harassment and discrimination can be pursued as independent torts in civil court.

United Steelworkers of America, Local 12998 v. Liquid Carbonic Inc.

Labour Relations Act: Compensation in Lieu of Reinstatement in Grievance Arbitration

A merits decision involving a grievance arbitration where an arbitrator awarded compensation in lieu of reinstatement after finding no just cause for dismissal. The case examines whether the Labour Relations Act permits such compensation as a lesser penalty and the applicable standard of review for judicial review of the arbitrator’s decision.

Sobeys Inc. v. United Food & Commercial Workers' International Union, Local 1000A

Labour Relations Case: Sobeys Inc. and UFCW Local 1000A

A labour relations case involving Sobeys Inc. and United Food & Commercial Workers' International Union, Local 1000A, addressing issues under the Labour Relations Act, R.S.O. 1990, c. L.2, s. 65.

Cambridge Towel Corp. v. A.C.T.W.U. (Div. Ct.)

Termination Under Collective Agreement: Notice Requirements Deemed Procedural

A merits decision involving the termination of employment under a collective agreement, addressing whether failure to comply with notice requirements renders the termination null and void. The arbitration board held that non-compliance nullifies dismissal, but the court found this interpretation patently unreasonable as notice constitutes a procedural protection, not a substantive right.

Re Windsor Western Hospital Centre Inc. and M. et al.

Labour Relations Act: OLRB Jurisdiction and Union Duty of Representation

A labour and employment case involving disputes over the Ontario Labour Relations Board's (OLRB) jurisdiction to order a recommencement of arbitration after a final and binding award, as well as allegations of union breach of duty of fair representation and employer interference with union rights.

Re Great Atlantic & Pacific Co. of Canada Ltd. and United Food & Commercial Workers International Union, Locals 175 and 633 et al.

Grievance Arbitration: Employee Discharged for Theft and Reinstatement Conditions

A grievance arbitration case involving an employee discharged for theft, where the arbitrator imposed conditions on reinstatement, including a permanent record of the incident and future penalties without grievance rights. The court upheld the permanent record condition but quashed the removal of future grievance rights, finding it contravened the Labour Relations Act and collective agreement.

B. v. Otis Elevator Co. Ltd.

Wrongful Dismissal and Collective Agreements: Court Jurisdiction and Severance Pay

A wrongful dismissal case involving an employee covered by a collective agreement who brought a claim in court despite an arbitration clause. The case examines whether the court has jurisdiction to hear the claim under the Labour Relations Act and whether the employee can claim severance pay when the collective agreement does not explicitly address it.

Maritime Life Assurance Co. v. Chateau Gardens (Hanover) Inc. et al.

Successor Employer Status of Court-Appointed Receiver-Manager in Labour Relations Act Case

A merits decision involving a court-appointed receiver-manager and its status as a successor employer under the Labour Relations Act. The case examines whether the receiver-manager is bound by a collective agreement and whether the court appointment constitutes a 'disposition' under the Labour Relations Act. Retroactive wages awarded to employees are also considered for priority payment over secured creditors.

Re Ontario Hydro and Ontario Hydro Employees' Union, Local 1000 et al.

Ontario Hydro Arbitration: Probationary Employee Dismissals

This is a judicial review or appeal concerning the jurisdiction of a grievance arbitration board in a labour dispute. The central issue was whether section 37(1) of the Labour Relations Act, which mandates arbitration for disputes under a collective agreement, precluded parties from excluding probationary employee dismissals from arbitration. The court reviewed the arbitration board's jurisdiction and held that collective agreement provisions conflicting with the statute were rendered void.

Re City of Toronto and Canadian Union of Public Employees, Local 79

Arbitration Dismissal Case: Admissibility of County Court Judge Report

A merits decision involving a dismissal without cause and the admissibility of a County Court Judge’s report as evidence in an arbitration proceeding. The arbitration board excluded the report, raising questions about its discretion under section 37(7)(c) of the Labour Relations Act and whether natural justice principles were violated.

Re Perth District Health Unit and Ontario Nurses' Association et al.

Collective Agreement Bridging Clause and Arbitration Board Jurisdiction

A labour relations case involving the interpretation of a bridging clause in a collective agreement and the jurisdiction of an arbitration board to issue a new collective agreement post-expiry. The case also examines the authority of arbitration boards to include interest arbitration clauses in new agreements. The case later reached the Supreme Court of Canada (Ontario Nurses' Association v. Haldimand-Norfolk Health Unit, [1983] 2 SCR 6). The Supreme Court ruled that the arbitration boards had jurisdiction to hear the interest arbitrations and were authorized to insert the interest arbitration clause into the new collective agreements. The Court of Appeal's order quashing the inclusion of this provision was set aside.

Re Hughes Boat Works Inc. and International Union, United Automobile, Aerospace, Agricultural and Implement Workers of America (UAW) Local 1620 et al.

Successor Employer: Collective Agreement Binding on Purchaser

A judicial review application concerning whether a purchaser of a business qualifies as a successor employer under section 55 of the Labour Relations Act, thereby becoming bound by the existing collective agreement. The court examined the definition of 'sale', the Ontario Labour Relations Board's interpretation, and whether the Board committed a jurisdictional error protected by privative clauses.

Re B. et al. and Wentworth Arms Hotel Ltd. et al.

This is a labour relations case concerning the validity of extension provisions in a collective agreement and the jurisdiction of arbitration boards to determine such validity. The court addressed whether provisions extending the agreement's operation until a new agreement is concluded constitute a valid exercise of powers under the Labour Relations Act, as well as the interpretation of no-strike clauses. The case later reached the Supreme Court of Canada (B. v. Wentworth Arms Hotel, [1979] 1 SCR 846). The Supreme Court allowed the appeal and quashed the arbitration award. The Court held that the collective agreement had terminated, meaning the union was free to strike and the strike was not unlawful under the agreement's terms or statutory provisions.

Amoco Canada Petroleum Co. Ltd. v. H. et al.

Illegal Strike Injunction: Labour Relations Act Enforcement

A labour and employment case involving an illegal strike and the enforcement of an injunction to prohibit picketing. The court ruled that all picketing, including peaceful picketing, may be enjoined if it causes substantial or irreparable harm to the employer, under the Labour Relations Act.