The applicant union sought judicial review of an arbitration award upholding the dismissal of a bus driver who was involved in a fatal rear-end collision.
The driver had been acquitted of criminal negligence and dangerous driving charges.
The union argued that under the doctrine of abuse of process, the arbitration board erred by allowing the employer to relitigate facts decided in the criminal trial and by finding the driver grossly negligent.
The Divisional Court dismissed the application, holding that the abuse of process doctrine did not apply because the employer was not a party to the criminal proceedings.
The court further found that the arbitration board's conclusions regarding gross negligence, its decision to take a view of the accident scene, and its interpretation of the collective agreement were not patently unreasonable.
