The applicant union sought judicial review of an arbitrator's decision denying a retirement gratuity to a teacher who resigned following a criminal conviction for sexual assault.
The arbitrator found that under the collective agreement, the teacher did not retire 'for the reason of age' but rather because of his criminal conviction, and thus was not entitled to the gratuity.
The Divisional Court applied the reasonableness standard of review and upheld the arbitrator's decision, finding her interpretation of the collective agreement language to be intelligible, defensible, and within the range of acceptable outcomes.
