Award Number 25-012

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Award Date:	2025-09-16
Arbitrator:	Anderson, Ian View awards by Anderson, Ian
Municipality:	LaSalle View awards from LaSalle
Region:	South West View awards from South West
Classifications:	Associations, Procedural Issues
Grievor:	J. Brun
Appearances:	--- , for the Association --- , for the Employer
Length of Award:	4 pp
Collective Agreements Cit.	---
Statutory Cit.	Community Safety and Policing Act, 2019, s. 219

Summary

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Associations   Duty of fair representation - Request for adjournment in hearing of duty of fair representation complaint - Self-represented complainant citing medical reason for inability to participate in hearing or in conference call to address request for adjournment - Time-limited adjournment granted - Interlocutory award.

Procedural Issues   Adjournment - Request for adjournment in hearing of duty of fair representation complaint - Self-represented complainant had proceeding pending before Ontario Labour Relations Board - Complainant requesting adjournment pending outcome of OLRB proceedings - Medical reason cited for inability to participate in arbitration hearing or in conference call to address request for adjournment - Time-limited adjournment granted - Interlocutory award.

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Facts

Jerry Brun brought a complaint alleging that the Lasalle Police Association violated its duty of fair representation. In the DFR complaint Mr. Brun was self-represented. This interlocutory ruling determined the complainant’s request for an adjournment. A hearing date in this matter was scheduled for September 29, 2025. On August 28, 2025 the complainant wrote to the association, requesting its consent to an adjournment pending the outcome of proceedings he had before the Ontario Labour Relations Board. In the OLRB proceedings Mr. Brun was represented by counsel. The complainant provided the association with a letter from his treating physician, which stated the doctor’s opinion that participation in multiple simultaneous legal proceedings would be detrimental to his patient’s health. The association attempted to schedule a conference call to deal with the request for an adjournment. However, the complainant asserted that the restrictions imposed by his doctor included participation in all proceedings related to the DFR complaint, including case conferences.

Argument

The association was prepared to agree to a time-limited adjournment, despite its concerns regarding Mr. Brun’s restrictions as set out in the medical note, and without conceding its position that the complaint should be dismissed on a preliminary basis for want of jurisdiction.

Award #

The proceedings were adjourned pending the conclusion of the OLRB proceedings or one year from the date of the award, whichever came first. Any legal effect resulting from the delay could be addressed if the proceedings were reconvened.

Authorities Cited

• Renaud v. Town of Lasalle Police Assn., 2006 CanLII 23904 (ONCA) • Cumming v. Peterborough Police Assn., 2013 ONCA 670 • Fisher and Orangeville Police Assn. (2020), 312 L.A.C. (4TH) 285; OPAAC #20-001; 2020 CanLII 28303 (Bendel) • DaCosta and Brantford Police Assn., OPAAC#19-004; 2019 CanLII 61927 (Bendel) • Lafrance and North Bay Police Assn. (2009), 180 L.A.C. (4th) 385; OPAAC #09-001 (Starkman) • Alessandroni and Toronto Police Assn., July 15, 2016; OPAAC #16-005 (Anderson)

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