The applicant, TVO, sought judicial review of a labour arbitration award which found it breached a collective agreement by allowing a non-bargaining unit member to record interviews that were later posted online as podcasts.
The Divisional Court quashed the award, finding the arbitrator's decision unreasonable because the recordings were originally made for research purposes, a permitted activity for non-bargaining unit members.
The court also found the arbitrator breached procedural fairness by refusing to consider the intervener union's de minimis argument.
