Natural Justice — Ontario Employment Law

G. v. Windsor Police Service

A judicial review application concerning the discipline of a police officer by the Windsor Police Service. The Divisional Court reviewed the Police Services Commission's decision regarding an unlawful or unnecessary exercise of authority and neglect of duty, ultimately dismissing the application and upholding the Commission's order for a new hearing.

International Union of Operating Engineers, Local 793 v 1476247 Ontario Ltd.

Labour Relations: Final Offer Vote & Pattern Agreements

This is a judicial review of a decision by the Ontario Labour Relations Board concerning collective bargaining in the construction industry. The Divisional Court examined whether the Board erred in law by requiring the union to object to a Minister's direction for a final offer vote, acted unreasonably in ordering the execution of a pattern-breaking agreement, and breached natural justice through its expedited process under section 100 of the Labour Relations Act, 1995.

Ontario English Catholic Teachers’ Association v. Toronto Catholic District School Board

Labour Arbitration: Natural Justice and Functus Officio

This is a judicial review of a labour arbitration award involving the Ontario English Catholic Teachers’ Association and the Toronto Catholic District School Board. The Divisional Court examined whether the arbitrator breached natural justice by awarding damages without notice, whether the arbitrator was functus officio after issuing a final award, and whether the mitigation of damages calculation was reasonable.

Sunnybrook Health Sciences Centre v. Aramark Canada Ltd.

Judicial Review: Third-Party Standing in Arbitration

This is a judicial review application by a hospital challenging an arbitration award that found its employer violated a collective agreement by contracting out patient food services. The hospital argued it was denied natural justice because it was not given notice of the arbitration hearing and that the award improperly affected its contractual rights with a third-party provider. The Divisional Court held that the hospital had only an indirect commercial interest and was not entitled to notice or participation in the grievance arbitration.

Labourers’ International Union of North America (Local 183) v Allied Construction Employees (United Brotherhood of Carpenters and Joiners of America (Local 1030))

Judicial Review: Union Certification & Document Production

This is a judicial review of the Ontario Labour Relations Board's decision to certify a union as the bargaining agent for employees. The applicant union sought production of documents to support allegations of employer support for the certified union, but the Board denied the request. The Divisional Court reviewed whether the Board's denial breached natural justice and was reasonable under the standard of review.

Professional Institute of the Public Service of Canada v Unifor, Local 3011

Judicial Review of Arbitrator's Jurisdiction in Job Classification Grievance

This is a judicial review application concerning an arbitrator's jurisdiction and procedural fairness in a labour dispute involving a job classification grievance. The applicant alleged the arbitrator exceeded jurisdiction by addressing job classification without adequate opportunity for evidence and argument, and by failing to bifurcate proceedings. The court also addressed the admissibility of affidavit evidence containing expert reports not before the original decision-maker.

T. v. Labourers International Union of North America

Judicial Review: Bias in Labour Relations Board Decision

This is a judicial review of a decision by the Ontario Labour Relations Board regarding an application dismissed for lack of labour relations purpose. The applicants alleged bias and a breach of natural justice, arguing that the Vice-Chair should have recused himself due to a prior professional relationship with one party. The Court of Appeal found no reasonable apprehension of bias and upheld the Vice-Chair's discretion to dismiss the application.

A. v. United Food and Commercial Workers Canada (Local 175)

This is a judicial review application brought by an employee against their union regarding the union's handling of a grievance arbitration. The court addressed whether the employee had independent standing to challenge the arbitration award, whether the union breached its duty of fair representation by failing to provide an interpreter, and whether the union breached natural justice. The Divisional Court dismissed the judicial review, upholding the union's exclusive standing and finding no breach of the duty of fair representation.

G. v. Anishinabek Police Service

Judicial Review: Police Officer Salary Reinstated Due to Procedural Unfairness

This is a judicial review of a Police Governing Authority's decision to extend the limitation period for serving a Notice of Hearing against a police officer. The Divisional Court found that the PGA breached procedural fairness by failing to provide notice and an opportunity to respond to the extension application. Consequently, the decision was quashed, and the officer was entitled to salary reinstatement for the period affected by the flawed decision.

H. v. Roman Catholic Episcopal Corporation of the Diocese of Kingston, in Canada

Priest Constructive Dismissal: Ecclesiastical Jurisdiction

This is an appeal from a procedural ruling regarding subject matter jurisdiction in a constructive dismissal claim brought by a Roman Catholic priest against the Archdiocese. The Court of Appeal addressed whether the Superior Court has jurisdiction over ecclesiastical disputes and whether the motion judge erred in making findings of fact on disputed issues.

Vale Inco Ltd. v. United Steel

Judicial Review: OLRB Procedural Fairness

This is a judicial review application brought by an employer challenging procedural fairness in ongoing proceedings before the Ontario Labour Relations Board. The employer alleged that mid-hearing rule changes created an imbalance by allowing the union to present oral evidence without time limits while restricting the employer. The Divisional Court reviewed the application, finding no real unfairness or denial of natural justice.

National Automobile v. Pharma Plus Drugmarts Ltd.

Judicial Review: LRB Procedural Fairness & Related Employer

This is a judicial review of a decision by the Ontario Labour Relations Board regarding a related employer application involving the CAW union and Pharma Plus Drugmarts Ltd. The Divisional Court found that the Board breached procedural fairness by denying the union notice and participation, and by imposing an unreasonable direct interest requirement for standing. The Court also found the Board's grant of province-wide bargaining rights and its dismissal of a termination application to be unreasonable in part.

Toronto Transit Commission v. The Amalgamated Transit Union, Local 113

Judicial Review: Arbitrator's Holiday Pay Decision Set Aside

This is a judicial review of an arbitrator's decision regarding entitlement to statutory and designated holiday pay for employees on 'Inactive Status' receiving WSIB benefits. The Divisional Court set aside the original arbitrator's decision due to a lack of justification and intelligibility, specifically regarding the application of the Employment Standards Act formula.

Ontario Shores Centre for Mental Health v. Ontario Public Service Employees Union

This is a judicial review proceeding concerning the admissibility of affidavit evidence in an application to challenge a labour arbitration award. The Divisional Court addressed whether an employer could introduce affidavit evidence to dispute the arbitrator's findings of fact and whether notes appended to the affidavit should be struck from the record.

Tembec Enterprises Inc. v. United Steelworkers Iwa Council 1-1000

Judicial Review: Arbitrator's Severance Award Quashed

The Divisional Court reviewed an arbitrator's decision granting termination and severance pay to a union grievor. The court quashed the decision because the arbitrator breached natural justice by deciding the grievance on the basis of frustration provisions without notice to the parties, and provided inadequate reasons by failing to determine the precise date of termination.

142445 Ontario Limited (Utilities Kingston) v. International Brotherhood of Electrical Workers, Local 636

Judicial Review: Admissibility of Affidavit Evidence in Labour Arbitration

This is a judicial review proceeding concerning the admissibility of affidavit evidence in a labour arbitration context. The employer sought to review an arbitrator's decision regarding employee discipline, while the union moved to strike affidavit evidence containing notes of the arbitration hearing. The court applied the Keeprite test to determine if the affidavit evidence was admissible to show jurisdictional error or breach of natural justice.

M. v. A.

This is a judicial review of a tribunal's decision to deny an adjournment request in an employment standards proceeding. The Divisional Court upheld the tribunal's decision as reasonable, finding that the applicant failed to obtain necessary consent and documentation, and that the tribunal acted within its discretion to balance the interests of the parties and statutory objectives.

J. v. Ontario Public Service Employees Union

A labour law case concerning the principles of natural justice in the context of the Labour Relations Act and public service employment.

International Brotherhood of Electrical Workers Local 1739 v. International Brotherhood of Electrical Workers

Judicial Review: LRB Rule 41 Consultation Upheld

This is a judicial review of an Ontario Labour Relations Board decision concerning a labour dispute over the reassignment of jurisdiction between two local unions. The Divisional Court upheld the Board's use of expedited consultation proceedings under Rule 41, finding that the Board did not deny natural justice, acted within its rule-making authority, and provided sufficient reasons and evidence-based findings.

Ontario English Catholic Teachers' Association v. Toronto Catholic District School Board

Judicial Review of Teacher Termination Arbitration

This is a judicial review proceeding concerning the termination of a teacher by the Toronto Catholic District School Board following an arbitration award. The Divisional Court addressed whether the arbitrator's findings breached natural justice and whether affidavit evidence could be admitted to supplement the arbitration record. The court struck the affidavit evidence, deeming the judicial review premature as the arbitration process was incomplete.