: Procedure — Class proceedings — Certification — Issue estoppel, functus officio — Motion to determine whether a fresh motion for certification may proceed — Remedial jurisdiction to re-open the certification motion — Preferable procedure and evidence “necessarily in issue” — Finality in the judicial system — Appeal dismissed Procedure — Res judicata — Issue estoppel — Danyluk conditions — Whether the first condition, the “same question”, was met — Preferable procedure and evidence required to establish it — “Distinctly put in issue and directly determined” and matters “necessarily determined” — Issue estoppel engaged — Appeal dismissed Procedure — Discretion — Setting aside issue estoppel — Whether discretion should be exercised due to material change in circumstances or new evidence — Reliance on alleged legislative and evidentiary changes in the CTA’s dispute resolution process — Potential injustice to class members weighed against finality — No palpable and overriding error — Appeal dismissed Evidence — A[...]
: Labour and employment — Grievances — Referral to adjudication — Whether the First Decision conclusively determined the grievance was not properly before the Board — Collective agreement grievance procedure and requirement to present the grievance at each level — Parties may skip levels only on mutual consent — Board treated failure to judicially review or seek reconsideration as determinative — Application dismissed Procedure — Time limits — Extension of time — Federal Public Sector Labour Relations Regulations, para. 61(b) — Whether the Board reasonably refused an extension of time in the interest of fairness — Clear, cogent and compelling reasons for delay required — Deadlines brief and precise and bargained for under the collective agreement — Extension refused and application dismissed Procedure — Time limits — Computation of time — Whether the 10-business-day period to transmit the grievance began only after the judicial review deadline expired — Board rejected the proposed start date for running of the[...]