CITATION : Wong v. Globe & Mail, 2013 ONSC 2892 DIVISIONAL COURT FILE NO.: 186/13 DATE: 20130515 ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT MOLLOY, SWINTON AND SACHS JJ. BETWEEN: ) ) JAN WONG Applicant – and – THE GLOBE & MAIL, DIVISION OF CTVGLOBEMEDIA PUBLISHING INC., and COMMUNICATIONS, ENERGY and PAPERWORKERS UNION OF CANADA, LOCAL 87-M, SOUTHERN ONTARIO NEWSMEDIA GUILD Respondents )) )) )) )) ))))))) David W. Scott , Q.C. and Peter C. P. Thompson, Q.C. for the Applicant Stephen J. Shamie and Jodi Gallagher Healy , for the Respondent, The Globe & Mail, Division of CTVGlobemedia Publishing Inc.

Tim Gleason and Sean Dewart, for the Respondent, CEP 87-M, Southern Ontario Newsmedia Guild ) ) ) HEARD at Toronto: May 15, 2013 MOLLOY J. (orally) [ 1 ] We are unanimous that the decision of the Arbitrator in this case with respect to the standing issue is both reasonable and correct. We are also unanimous that without standing before the Arbitrator, Ms. Wong could not raise the bias issue and we therefore do not need to hear from responding counsel on that point. [ 2 ] Prematurity may also be a ground for dismissal in this case. We are not making a definitive finding on that issue at this stage.

We want to reflect on that a little further. However, we are cognizant that there is a date before the Arbitrator on May 30 and we wanted to get a decision out, the final result at least in time for that arbitration. So, in the result, the application is dismissed and we will be delivering written reasons which will include all of the issues we mentioned, the standing issue, whether bias, could be raised and also the prematurity issues. [ 3 ] That being the case, the application is dismissed. COSTS [ 4 ] Costs submissions to be filed by counsel for Ms.

Wong by Tuesday May 21 and responding submissions by Thursday May 23, 2013. MOLLOY J.

SWINTON J. SACHS J. Date of Reasons for Judgment: May 15, 2013 Date of Release: May 28, 2013 CITATION : Wong v. Globe & Mail, 2013 ONSC 2892 DIVISIONAL COURT FILE NO.: 186/13 DATE: 20130515 ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT MOLLOY, SWINTON AND SACHS JJ. BETWEEN: JAN WONG Applicant – and – THE GLOBE & MAIL, DIVISION OF CTV GLOBEMEDIA PUBLISHING INC., and COMMUNICATIONS, ENERGY and PAPERWORKERS UNION OF CANADA, LOCAL 87- M, SOUTHERN ONTARIO NEWSMEDIA GUILD Respondents ORAL REASONS FOR JUDGMENT MOLLOY J. Date of Reasons for Judgment: May 15, 2013 Date of Release: May 28, 2013