Applicant
Respondent
- Parties: The applicant was the Electrical Trade Bargaining Agency of the Electrical Contractors Association of Ontario (ETBA). The respondents were the Toronto District School Board (TDSB); International Brotherhood of Electrical Workers, Local 353 (Local 353); Maintenance and Construction Skilled Trades Council; and Ontario Labour Relations Board.
- Subject Matter: The applicant made an unfair labour practice complaint to the Ontario Labour Relations Board. On Feb. 2, 2024, the Board exercised its discretion under s. 96 of Ontario’s Labour Relations Act, 1995 to dismiss the complaint without convening a hearing on the merits. The applicant sought to judicially review the decision for being unreasonable. The Board sought to dismiss the application as premature, given that the applicant failed to request a reconsideration beforehand.
- Ruling: The court ruled in the respondents’ favour and dismissed the judicial review application. The court held that, while the application should not be dismissed as premature, the applicant failed to establish that the decision was unreasonable. The court determined that the Board reasonably concluded that conducting an inquiry into the complaint would serve no labour relations purpose and ignored neither the context of province-wide bargaining nor the significance and utility of the relief being sought.
- Date: The court released its decision on Dec. 5, 2024.
- Venue: This was a case before the Ontario Superior Court of Justice - Divisional Court.
- Amount: The court ordered the applicant to pay $7,500 in costs to each of the TDSB, Council, and Local 353, as agreed by the parties.
Court
Ontario Superior Court of Justice - Divisional CourtCase Number
131/24Practice Area
Labour lawAmount
$ 22,500Winner
RespondentTrial Start Date
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