The applicant, Toronto Community Housing Corporation, sought judicial review of a grievance arbitration award that reinstated an employee who had been dismissed for cause.
The employee, a Tenant Services Coordinator, was alleged to have improperly sublet his unit and kept a rent payment.
The arbitrator found insufficient evidence of misconduct and reinstated him.
The Divisional Court found the arbitrator's decision unreasonable, noting she ignored or improperly discounted evidence, including a rent receipt and written statements, and failed to assess credibility.
The Court quashed the award and remitted the matter for a rehearing before a different arbitrator.
