The City of Stratford applied for judicial review of a supplemental interest arbitration award that clarified a provision allowing the City to contract out its fire dispatch services.
The initial award permitted contracting out to 'another fire service', which the arbitrator later clarified meant an 'IAFF represented fire service'.
The City argued the arbitrator was functus officio and improperly relied on mediation discussions.
The Divisional Court dismissed the application, finding the arbitrator reasonably applied the doctrine of functus officio to clarify his manifest intention, and that the City had waived settlement privilege regarding the mediation discussions.
