The applicants sought judicial review of an interest arbitrator's interim award regarding the renewal of collective agreements.
The arbitrator concluded he had jurisdiction to interpret the Competition Act but exercised his discretion to defer those issues to the Competition Tribunal or the courts.
The Divisional Court held that the arbitrator's exercise of discretion was subject to a reasonableness standard of review.
The Court found the arbitrator's decision to defer was reasonable given the Competition Tribunal's specialized expertise, the potential ramifications beyond the parties, and the expedited nature of the interest arbitration process.
The application for judicial review was dismissed.
