Standing — Ontario Employment Law

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.

T. v. Toronto

Union Duty of Fair Representation: Judicial Review Standing

An individual employee applied for judicial review of a labour arbitration award, alleging the union breached its duty of fair representation by acting arbitrarily, discriminatorily, and in bad faith. The Divisional Court addressed whether the Ontario Labour Relations Board has exclusive jurisdiction over such complaints and whether an individual employee has standing to seek judicial review outside the exclusive representation model.

S. v. RBC Insurance Agency Ltd.

Conflict of Interest in Employment Class Action

This is an interlocutory proceeding addressing a conflict of interest arising from plaintiff's counsel acting in both a proposed class action and an individual wrongful dismissal action. The court found a conflict of interest due to overlapping issues and divided loyalties, granting a temporary stay of the individual action to avoid inconsistent judgments and duplication of resources, while ruling that defendants had standing to raise the issue and were not estopped from doing so.

V. v. Air Canada and Unifor Local 2002

Judicial Review of Labour Arbitration: Union Exclusivity

This is a judicial review application concerning the termination of an employee covered by a collective agreement. The applicant sought standing to challenge an arbitration award upholding the termination for theft of time, arguing union exclusivity should not apply due to alleged deficient representation and breaches of natural justice. The Divisional Court considered the general rule of union exclusivity and finality in labour arbitration.

T. v. The University of Toronto

Judicial Review: Employee Standing & Delay

This is a judicial review application concerning a labour arbitration award and the union's representation of an individual employee. The Divisional Court reviewed the application primarily on procedural grounds, considering whether the two-year delay in commencing the review was unreasonable and whether the employee lacked standing to bring the application independently of the union.

OPFFA v. P.A. et al

Trade Union Standing: OPFFA v. A.

This case addresses whether the Ontario Professional Fire Fighter’s Association qualifies as a trade union under the Labour Relations Act, 1995, and whether it has standing to sue. The court also considered procedural motions regarding representative plaintiff status, stays of proceedings pending criminal charges, and the striking of various tort and equitable claims against defendants.

Association of Professors of the University of Ottawa v University of Ottawa

This is a judicial review application concerning the jurisdiction to review a decision to increase compensation and the standing of the Association of Professors of the University of Ottawa (APUO). The Divisional Court reviewed the motion to quash, finding the matter sufficiently coloured with a public element to be reviewable and granting public interest standing to the APUO.

M. v City of Toronto

Union Exclusivity: Standing to Challenge Arbitration Award

This is a judicial review concerning an applicant's standing to challenge a labour arbitration award individually after the union declined to pursue the review. The Divisional Court reviewed the general rule of union exclusivity, finding that the union's reliance on legal opinions was reasonable and that the arbitrator's delay was insufficient to override union exclusivity.

M. v City of Toronto

Union Exclusivity and Duty of Fair Representation

The Divisional Court reviewed judicial review applications brought by an individual applicant seeking standing to challenge an arbitrator's decision after the union abandoned the application. The court upheld the principles of exclusive union representation, finding no breach of the duty of fair representation and ruling that procedural breaches by third parties do not override union exclusivity.

A. v. United Food and Commercial Workers Canada, Local 175

This is a judicial review application concerning an employee's attempt to challenge a labour arbitration decision after the union declined to pursue it. The central issue was whether the employee had standing to seek judicial review based on allegations of deficient union representation, specifically the failure to provide an interpreter.

J.W. v. The Globe and Mail Inc.

W. v. The Globe and Mail: Judicial Review of Arbitration

This is a judicial review application concerning an arbitrator's decision regarding a settlement agreement between an employee and her employer. The court addressed whether the applicant had standing to challenge the decision given exclusive union representation, whether the settlement's repayment provision was unconscionable, and whether the arbitrator was biased or breached natural justice in finding a confidentiality breach.

V. v. 1307839 Ontario Limited

Procedural Ruling: Bifurcation and Standing in Employment Case

This is a procedural ruling on a motion to bifurcate issues in a case tagged under Labour and employment. The defendants sought to sever the issue of the plaintiff's standing, alleging fraudulent assignments and trustee involvement, but the court denied the motion, finding the defendants failed to meet the evidentiary burden for extraordinary bifurcation.

W. v. The Globe & Mail

Judicial Review: Employee Standing in Labour Arbitration

This is a judicial review application concerning an arbitration award where the applicant sought exclusive standing and the recusal of an arbitrator. The Divisional Court addressed whether the Labour Relations Act, 1995, precludes independent standing for an employee when a union retains exclusive carriage of the grievance, and whether the judicial review was premature given the ongoing arbitration process.

G. v. Arbitrator J.D.C.

Judicial Review of Arbitration Award: Unionized Teacher

This is a judicial review proceeding concerning an arbitration award in a unionized workplace where a teacher was placed on medical leave. The applicant challenged the arbitrator's decision and the union's representation, while also seeking to set aside a registrar's dismissal order for delay in perfecting the application.

W. v. Yonge Street Hotels

Unionized Employee Standing: Judicial Review of Arbitration

This is a judicial review concerning a unionized employee's standing to challenge a labour arbitration award and a complaint against the union for breach of the duty of fair representation. The Divisional Court held that the employee lacked standing absent exceptional circumstances and found no deficiency in the union's representation under the Labour Relations Act, 1995. The applicant was ordered to pay partial indemnity costs of $1,750.

IAMAW v. Air Canada et al

IAMAW v. Air Canada: Labour Relations & Statutory Compliance

This is a statutory interpretation application involving the IAMAW and Air Canada regarding the airline's compliance with the Air Canada Public Participation Act and its articles of continuance. The central issue is whether Air Canada's contractual arrangements with Aveos for maintenance and overhaul services satisfy statutory obligations to maintain operational centres and properly transition employees. The court analyzed legislative intent, standing under the Canada Business Corporations Act, and the effect of prior labour agreements and CIRB orders on the union's claims.

Y. v. Trent University

Y. v. Trent University: Standing in Arbitration Review

An applicant denied tenure sought judicial review of an arbitration award interpreting a collective agreement after the union declined to pursue the review. The court addressed whether the applicant had standing to challenge the award and whether the union should be added as a party. The application was dismissed due to the exclusivity of union representation in grievance processes.

Ontario Provincial Police v. M.

This is a judicial review concerning the disciplinary proceedings of a police officer under the Police Services Act. The Divisional Court addressed issues of procedural fairness, reasonable apprehension of bias, and the Commissioner's standing to seek judicial review, while also ruling on a motion for a stay of proceedings.

Air Canada Pilots Association v. Air Canada Ace Aviation Holdings Inc.

Union Standing: Oppression Claim Dismissed

This is a procedural and substantive ruling on the standing of an unincorporated trade union to bring an oppression claim under the Canada Business Corporations Act. The Air Canada Pilots Association sought an injunction to prevent shareholder distributions, alleging risk to wage and pension obligations. The court declined to recognize the union as a proper complainant, found the harm speculative, and held the claims barred by res judicata from prior CCAA restructuring approvals.