Bryan P. Schwartz

The appellant employer appealed a decision setting aside an arbitrator's award.

The arbitrator had found that while the employer breached the collective agreement regarding vacation entitlements, the respondent union was estopped from grieving the practice due to its long-standing acquiescence.

The Court of Appeal held the arbitrator's application of estoppel was reviewable on a standard of correctness and set it aside.

The Supreme Court of Canada allowed the appeal, holding that labour arbitrators are not bound to apply equitable doctrines exactly as courts do, and their application of such doctrines is reviewable on a standard of reasonableness.

The arbitrator's decision to impose an estoppel was reasonable given the labour relations context.

The appellant suffered a back injury and was temporarily disabled, preventing him from making regular Canada Pension Plan (CPP) contributions.

When his disability became permanent, he applied for a CPP disability pension but was denied for failing to meet the recency of contributions test.

He argued that the CPP's 'drop-out' provision, which exempts periods of severe and permanent disability from the contribution calculation, violated his s. 15(1) Charter equality rights by not extending the same exemption to persons with temporary disabilities.

The Supreme Court of Canada dismissed the appeal, holding that the distinction did not demean the dignity of persons with temporary disabilities and therefore did not constitute discrimination under s. 15(1).