Applicant
Respondent
In this case, the applicant complained to the Canada Industrial Relations Board against his union for unfair representation. However, the Board did not consider the merits of the complaint, citing a time limitation provision in the Canada Labour Code. The applicant's complaint was brought approximately six months after the required time period. The Board found no compelling reasons to grant an extension of time. The applicant sought to challenge the Board's findings and decisions before the Court, arguing procedural unfairness and unreasonableness. The Court rejected the applicant's arguments, stating that the Board had the discretion to proceed based on written materials and that its decision was supported by the evidence. The Court emphasized that its role was not to second-guess the Board's factual findings or applications of the statutory standard. The applicant's broader issues and the merits of the complaint were deemed irrelevant to the issues before the Board and the Court. As a result, the Court dismissed the application and ordered the applicant to pay the costs.
Court
Federal Court of AppealCase Number
A-454-19Practice Area
Labour lawAmount
Winner
RespondentTrial Start Date
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