Ostainvil v. Conseil des écoles publiques de l’Est de l’Ontario

Ostainvil v. Conseil des écoles publiques de l’Est de l’Ontario

The Court dismissed the motion because the claimed grounds of appeal were without merit: the dispute is directly related to employment and falls within the exclusive jurisdiction of the arbitrator under the settlement protocol, so extension of time to appeal was not warranted.

Source-derived case information.

Citation
2019 ONCA 460
Parties
Appellant: Marc Elie Ostainvil; Respondent: Conseil des écoles publiques de l’Est de l’Ontario
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
4 June 2019
Procedural Posture
Civil Appeal / Application to Set Aside a Judge's Refusal to Extend Time to Appeal
Outcome
Motion dismissed
Legal Topics
Extension of Time to Appeal, Exclusive Jurisdiction of Arbitrator, Enforcement of Settlement Agreement, Duty of Fair Representation
Source Language
fr
Labour Law Arbitration Civil Procedure Employment Law Extension of Time to Appeal Exclusive Jurisdiction of Arbitrator Enforcement of Settlement Agreement Duty of Fair Representation

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Parties

Marc Elie Ostainvil

Appellant

Conseil des écoles publiques de l’Est de l’Ontario

Respondent

Procedural Posture

Civil Appeal / Application to Set Aside a Judge's Refusal to Extend Time to Appeal

  1. 1 Whether the judge erred in refusing to extend the time to file an appeal
  2. 2 Whether the dispute is subject to exclusive arbitration under the settlement protocol
  3. 3 Whether any remedy lies against the employer or only against the union for alleged breaches

Ratio Decidendi

The Court dismissed the motion because the claimed grounds of appeal were without merit: the dispute is directly related to employment and falls within the exclusive jurisdiction of the arbitrator under the settlement protocol, so extension of time to appeal was not warranted.

Court Disposition

Motion dismissed

Orders

  • Motion dismissed
  • Costs awarded to respondent in the amount of $1,500