The appellant teachers' association appealed a Divisional Court decision that quashed an arbitrator's awards regarding the scheduling of teachers' lunch breaks.
The arbitrator had ruled that under the collective agreement and Regulation 298 of the Education Act, teachers' 40-minute lunch breaks had to occur entirely within the scheduled interval for students' lunch breaks.
The Divisional Court reviewed the awards on a correctness standard and found them incorrect.
The Court of Appeal allowed the appeal, holding that the standard of review was patent unreasonableness because the arbitrator was interpreting an external statute intimately connected with his mandate.
The Court found the arbitrator's interpretation was reasonable and reinstated the awards.
