The Hospital Labour Disputes Arbitration Act (the “HLDAA”)dictates that disputes over collective agreements in Ontario hospitals and nursing homes have to be resolved by compulsory arbitration. The Minister of Labour appointed retired judges to chair arbitration boards. The Respondents, Canadian Union of Public Employees and Service Employees International Union, objected to the appointments on the basis that the retired judges lacked expertise, experience, tenure, and independence from government. The Appellant Minister of Labour in exercising his power of appointment under the HLDAA is required to be satisfied that the prospective chairpersons are not only independent and impartial but possess appropriate labour relations expertise and are recognised in the labour relations community as generally acceptable to both management and labour. The appropriate standard of review is patent unreasonableness. The majority found that the appointments were patently unreasonable because the Minister expressly excluded relevant factors that went to the heart of the legislative scheme.

22. July 2003 0
Administrative law – Labour law – Arbitrators – Appointment – Bias – Ministerial powers – Judicial review – Statutory powers – Compliance with legislation – Standard of review – Patent unreasonableness Canadian Union of Public Employees v. Ontario (Minister of Labour), [2003] S.C.J. No. 28, Supreme Court of Canada, May 16, 2003, McLachlin C.J. and Gonthier, Iaccobucci, Major, Bastarache, ...

The Applicant police officer appealed from the decision of the Saskatchewan Police Commission (the “Commission”) which found the Applicant guilty of discreditable conduct and imposed a disciplinary penalty. The court made an order in the nature of certiorari and set aside the decision of the Police Commission because the Commissioner failed to comply with the imperative procedural requirements of the Police Act.

26. March 2002 0
Administrative law – Judicial review – Procedural requirements – Statutory powers – Remedies – Certiorari – Police – Disciplinary proceedings – Privative clauses Selinger v. Saskatchewan (Police Commission), [2002] S.J. No. 95, Saskatchewan Court of Queen’s Bench, February 5, 2002, Kyle, J. The Commission made an order on May 22, 2001, dismissing the applicant’s appeal from the ...