Filion Wakely Thorup Angeletti LLP
Filion Wakely Thorup Angeletti LLP

Grievance Arbitration

  • Ontario Divisional Court Confirms the Application of Estoppel to a Provincial Agreement Under Labour Relations Act, 1995
    International Brotherhood of Electrical Workers, Local 353 v. Jacobs Catalytic Industrial Services Limited, [2009] O.J. No. 420 (Div. Ct.)
     
  • Constitutional Protection for Collective Bargaining
    Health Services & Support-Facilities Subsector Bargaining Assn. v. British Columbia
     
  • Court Rules No Jurisdiction Exists Under Ontario's Labour Relations Act Granting Arbitrators the Power to Order Interim Relief in the Form of Ex Gratia Payments
    Ontario Power Generation and Society of Energy Professionals, (unreported), January 5, 2007 (Ont. Sup. Ct. J. – Divisional Court)
      
  • Arbitrator Rejects Random Drug Testing
    On January 22, 2007, Imperial Oil applied for judicial review of Arbitrator Picher’s decision.
     
  • Ontario Health Premium Update: Court of Appeal Defers to Arbitrators' Expertise
    Lapointe-Fisher Nursing Home v. U.F.C.W, Loc. 175/633, (anchor appeal of five separate reasons released December 8th, 2006) (O.C.A.)
     
  • Ontario Court of Appeal Finds That Grievance Does Not Automatically Succeed Where Employer Fails To Disclose Evidence
    Ontario v. Crown Employees Grievance Settlement Board (June 26, 2006) (Ontario Court of Appeal)
     
  • Ontario Arbitrator Deems Disabled Employee's Employment Terminated and Orders Employer to Pay Statutory Severance Pay
    Ontario Nurses’ Association v. St. Joseph’s General Hospital (March 17, 2006) (Randall)
         
  • Ontario Court of Appeal rules that an employee on temporary layoff may be entitled to statutory termination pay under the Employment Standards Act, 2000 while still enjoying recall rights under the collective agreement
    National Automobile, Aerospace Transportation and General Workers Union of Canada (CAW - Canada), Local No. 27 v. London Machinery Inc., [2006] O.J. No. 1087 (Ont. C.A.)
     
  • Ontario Health Premium (OHP) Update: Are Employers Being Forced to Pay?
    Jamie Knight wins Ontario Health Premium arbitration - Walker Exhausts v. U.F.C.W., unreported dated November 9, 2004 (Samuels)
     
  • Arbitrator finds that employer is not liable to pay new health care premium as a benefit for employees
    Jazz Air Inc. and Air Line Pilots Association, International (unreported), September 27, 2004 (Teplitsky)
     
  • Arbitrator rules that employer is liable for new health care premiums for employees under old collective agreement provision
    Lapointe Fisher Nursing Home and United Food and Commercial Workers Union, Local 175/633 (unreported), October 6, 2004 (Barrett)
     
  • Ontario Court of Appeal Affirms "Correctness" Standard for Arbitrators Interpreting Statutes of General Application - Interpretation of Wage Increases Under the Social Contract Act
    International Union of Operating Engineers, Local 772 v. Philip Utilities Management Corp., (2001) 54 O.R. (3d) 448 (Ont. C.A.)
     
  • Arbitrator Agrees to Hear Extrinsic Evidence to Decide Same Matter of Interpretation That Earlier Arbitrator Had Declined to Decide
    Canada Bread Company, Limited and Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees (Teamsters) Local Union No. 64
    An Unreported Decision of Arbitrator Surdykowski dated March 30, 2000
     
  • Poor Attendance May Lead to Denial of Promotion
    CUPE, Local 1263 V. West Park Health Centre (Campbell Grievance)
    [1999] O.L.A.A. No. 929
    An Unreported Decision of Arbitrator Faubert dated December 6, 1999
     
  • Weber Test Applied to Determine Which of Two Statutorily Created Bodies Should Hear Dispute
    Regina Police Association v. Regina (City) Board of Police Commissioners
    [2000] 1 S.C.R. 360
     
  • Surveillance Evidence Should be Admitted Without Precondition Where it Does Not Violate an Employee's Right to Privacy
    Toronto Transit Commission and ATU, Local 113
    (1999) 88 L.A.C. (4th) 109 (Shime)
     
  • Employer Violated Collective Agreement by Paying Bonus to Employees Who Worked During a Strike
    Canadian Health Care Guild v. Bethany Care Society (Care West), an unreported decision of Arbitrator Jolliffe dated November 17, 1999
     
  • Criminal Court Finding of Guilt May Not Be Challenged at Arbitration, Ontario Divisional Court
    Toronto (City) v. C.U.P.E., Local 79
     
  • Nova Scotia Court of Appeal Distinguishes Weber and Allows a Plaintiff who is Covered by Collective Agreement to File a Civil Action
    Pleau v. Canada (Attorney General)
     
  • The Use of Surveillance Videotapes
    Syndicat des travailleurs (euses) de Bridgestone Firestone de Joliette c., Bridgestone/Firestone Canada inc. (French text) Quebec Court of Appeal, August 30, 1999, [1999] J.Q. no 3026
     
  • The Lack of Arbitral Jurisdiction to Extend Arbitration Referral Time Limits
    Leisureworld Nursing Home Limited v. S.E.I.U., Local 204 (1997), 99 O.A.C. 196 (Ont. Div. Ct.), aff'd [1997] O.J. No. 4815 (C.A.) 

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    • Toronto Office
    150 King Street West, Suite 2601 Box 32, Toronto Ontario M5H 4B6
    Tel 416.408.3221    Fax 416.408.4814    Email toronto@filion.on.ca

    London Office
    620A Richmond Street, Suite 621, London, Ontario N6A 5J9
    Tel 519.433.7270    Fax 519.433.4453    Email london@filion.on.ca

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