The applicant union sought judicial review of an arbitrator's decision upholding the termination of an employee who purchased marijuana while on duty in a City vehicle.
The union alleged the employee was disabled due to marijuana addiction and required accommodation under the Human Rights Code.
The Divisional Court dismissed the application, finding the arbitrator's conclusion that the union failed to prove a disability on a balance of probabilities was reasonable, largely due to the employee's lack of credibility and uncorroborated evidence.
