Court Holds Judicial Review Not Available In Broader Public Sector Compensation Restraint Challenge

The Divisional Court recently issued an important decision, Association of Professors of the University of Ottawa v. University of Ottawa, with respect to the ability of a union to challenge a university's determination of compensation payable to its non-unionized employees on the basis that the determination is contrary to the Broader Public Sector Accountability Act, 2010 (BPSAA).

In this case, the Association of Professors of the University of Ottawa (Association) commenced an application for judicial review of a compensation decision by the University of Ottawa (University) with respect to two non-unionized employees. It asserted that the decision was contrary to the BPSAA and ultra vires the powers of the University pursuant to the University of Ottawa Act (Act). The University took the position that the Divisional Court was without jurisdiction to hear the application and that the Association did not have standing to bring the application.