Ontario v. O.P.S.E.U.

Ontario v. O.P.S.E.U.

Abuse of process bars relitigation of the grievors' guilt in arbitration; issue estoppel does not apply because mutuality/privity is lacking between the Crown as prosecutor and the Crown as employer; s.22.1 of the Evidence Act does not authorize unrestricted rebuttal in these circumstances and the statutory amendment s.48.1(1) does not alter the correct interpretation of s.22.1.

Citation
2003 SCC 64
Parties
Appellant (union): Ontario Public Service Employees Union; Respondent (employer): Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services; Respondent (employer): Her Majesty the Queen in Right of Ontario as represented by the Ministry of Correctional Services; Respondent (adjudicative Body): Ontario Crown Employees Grievance Settlement Board; Grievor (employee): Jack R. White; Grievor (employee): Mohan Samaroo
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
6 November 2003
Procedural Posture
Labour Law Arbitration / Judicial Review of Arbitration Arising From Criminal Convictions / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario; Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Abuse of Process, Issue Estoppel, Re Litigation of Criminal Convictions, Criminal Convictions as Evidence, S.22.1 Evidence Act, S.48.1(1) Crown Employees Collective Bargaining Act
Source Language
English
Labour Law Administrative Law Evidence Law Criminal Law Abuse of Process Issue Estoppel Re Litigation of Criminal Convictions Criminal Convictions as Evidence +2 more

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Parties

Ontario Public Service Employees Union

Appellant (union)

Her Majesty the Queen in Right of Ontario as represented by the Ministry of Community and Social Services

Respondent (employer)

Her Majesty the Queen in Right of Ontario as represented by the Ministry of Correctional Services

Respondent (employer)

Ontario Crown Employees Grievance Settlement Board

Respondent (adjudicative Body)

Jack R. White

Grievor (employee)

Mohan Samaroo

Grievor (employee)

Procedural Posture

Labour Law Arbitration / Judicial Review of Arbitration Arising From Criminal Convictions / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario; Judgment on Appeal

Legal Issues

  1. 1 Whether the union or arbitrator may relitigate the grievors' guilt after criminal conviction
  2. 2 Whether issue estoppel applies to bar relitigation
  3. 3 Whether s.22.1 of the Evidence Act permits unrestricted rebuttal evidence in arbitration given s.48.1(1) of the Crown Employees Collective Bargaining Act

Ratio Decidendi

Abuse of process bars relitigation of the grievors' guilt in arbitration; issue estoppel does not apply because mutuality/privity is lacking between the Crown as prosecutor and the Crown as employer; s.22.1 of the Evidence Act does not authorize unrestricted rebuttal in these circumstances and the statutory amendment s.48.1(1) does not alter the correct interpretation of s.22.1.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs