What is the relevance of the merits of a s. 12 determination?

The relevance of the merits of what underlies a s. 12 complaint have been addressed in a number of authorities. In Breeden v. West Vancouver (District), 2005 BCSC 14, Burnyeat J. reviewed the authorities at some length. I note that in Deborah J. Weisberg, BCLRB No. B112/2000, it was stated that while the merits are not at issue in a s. 12 determination, the merits may be of some relevance as the less meritorious the claim, the less onerous the burden on the union to prove it has discharged its obligations. In the present case, the petitioner was attempting to put forward the position that the employer’s conclusion had no merit.