As these were all unionized employees , the Court first rules that they would not exercise their discretion to intervene at this point as there was already under may an arbitration process dealing with the same issues .
On the second test of irreparable harm the Court commented as follows:
 Second, as Justice Akbarali explained in TTC, the Applicants have mischaracterized the harm at issue. The harm the Applicants may suffer is being placed on unpaid leave, or being terminated from employment, if they remain unvaccinated. They are not being forced to get vaccinated; they are being forced to choose between getting vaccinated and continuing to have an income on the one hand, or remaining unvaccinated and losing their income on the other (TTC at para 50, citing Lachance et al c Procureur général du Québec, November 15, 2021, Court No 500-17-118565-210) at para. 144 [Lachance]). Put simply, a vaccine mandate does not cause irreparable harm because it does not force vaccination.
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