Summary

37240

Ajay Misra v. City of Toronto, et al.

(Ontario) (Civil) (By Leave)

Keywords

None.

Summary

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Labour relations – Unions – Exclusive right of union to represent – Applicant dismissed from position with respondent City of Toronto – Respondent Arbitrator issuing decision on grievances two years after end of arbitration and issuing reasons one year after that – Applicant reinstated in position with seniority but denied retroactive compensation – Respondent Union deciding not to seek judicial review from Arbitrator’s decision – Whether applicant had standing to bring application for judicial review – Labour Relations Act, 1995, S.O. 1995, c. 1 Sch. A, s. 48(7).

When the applicant was terminated from his employment with the respondent City, the respondent Union represented him in grievances before the respondent Arbitrator. She rendered her decision reinstating the applicant in his position, with seniority but without retroactive compensation, two years after the conclusion of the arbitration. Her reasons for judgment were issued a year later. The Union chose not to seek judicial review of that decision. Dissatisfied, the applicant sought judicial review. The application was quashed on the basis of union exclusivity. The Divisional Court affirmed that decision and the Court of Appeal denied leave to appeal.

Lower Court Rulings

February 16, 2016
Ontario Superior Court of Justice

511/15, 2016 ONSC 1011
Applicant’s applications for judicial review of arbitrator’s decision dismissed
March 30, 2016
Ontario Superior Court of Justice

511/15, 2016 ONSC 2246
Motion to vary order dismissed
June 29, 2016
Court of Appeal for Ontario

M46365
Motion for leave to appeal dismissed
 

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