The applicant union sought judicial review to quash an arbitral award that enforced a four-party settlement agreement regarding regional flying ratios.
The applicant argued the settlement agreement had ceased to operate due to a changed corporate structure and a subsequent statutorily imposed collective agreement between only two of the parties.
The Divisional Court dismissed the application, finding the arbitrator's conclusion that the settlement agreement remained in force was reasonable, and that two parties could not unilaterally amend a four-party agreement through a bilateral statutory arbitration process.