Canadian Union of Public Employees, Local 79 v. City of Toronto
CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 79
Law Firm / Organization
CaleyWray Lawyers
CITY OF TORONTO
Law Firm / Organization
Not Specified

In the case of Canadian Union of Public Employees, Local 79 v. City of Toronto dated March 30, 2023, the plaintiff Canadian Union of Public Employees, Local 79 (the "Union"), initiated legal proceedings against the defendant City of Toronto (the "City") alleging contempt of an arbitrator's award. The Union sought an order for the City to be held in contempt of the arbitrator's decision, which had been submitted to the court in accordance with the Labour Relations Act. The underlying issue revolved around the termination of a Union member named Michael Rushton (the "Grievor") by the City, which had led to a grievance and subsequent arbitration. In the legal analysis, the court evaluated whether the City's actions constituted contempt. It concluded that the City had not deliberately and willfully disobeyed the award and order by reserving a right to seek future adjudication on the matter of reimbursement of wages and benefits. The court highlighted that the award and order did not explicitly prohibit such future adjudications. Therefore, it dismissed the Union's motion, ruling that the City's actions did not constitute contempt of court. The court also determined that the successful party, the City, would be entitled to a partial indemnity award of $3,500 in costs.

Superior Court of Justice - Ontario
CV-22-00684334-0000
Labour law
$ 3,500
Defendant