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OLRB - JR . Cai Song v. Ontario Labour Relations Board
In Cai Song v. Ontario Labour Relations Board (Ont Div Ct, 2026) the Ontario Divisional Court dismissed a labour JR, here brought against the OLRB's dismissal of the applicant's unlawful reprisal and unfair labour practice applications.
Here the court applies the doctrine of 'prematurity' where the applicant did not avail themselves of available OLRB reconsideration proceedings:[13] If the applicant felt that he was denied an opportunity to make submissions on defamation and harassment, he could have sought reconsideration under s.114(1) of the LRA which gives the Board the power to reconsider any decision it has made. These issues fall squarely within Information Bulletin 19 where the Board has stated it will grant a request for reconsideration in a variety of circumstances including “Where representations are sought to be made which the party seeking consideration had no previous opportunity to make”. Therefore, the applicant’s application for judicial review on this issue is premature. . United Association of Canada v. Labourers' International Union of North America, Local 1059 [s.116 privative]
In United Association of Canada v. Labourers' International Union of North America, Local 1059 (Ont Div Ct, 2026) the Ontario Divisional Court dismissed a labour JR, this brought against "two decisions (the “Decisions”) of the Ontario Labour Relations Board (the “Board”) dealing with a jurisdictional dispute between two unions. The Board determined that the installation of a new water-based fire suppression system which had been assigned to UA by Troy Life & Fire Safety Ltd. (“Troy”) was within the jurisdiction of the Labourers (“LIUNA”)."
Here the court considers the privative provision of LRA s.116:[18] Section 116 of the Labour Relations Act provides that orders of the Board are not subject to judicial review. Nevertheless, this court has jurisdiction to hear the application pursuant to ss. 2 and 6 of the Judicial Review Procedure Act, R.S.O. 1990, c. J.1.
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