The applicant sought judicial review of a supplementary award by a Board of Arbitration that granted improved vacation benefits for part-time nurses.
The original award had increased vacation entitlements for full-time nurses but was silent on part-time nurses.
The Board issued a supplementary award, stating the omission was an oversight and rejecting the applicant's argument that it was functus officio.
The Divisional Court dismissed the application, finding the Board's decision that it was not functus officio was reasonable, as the omission was an error in expressing the manifest intention of the Board and the Board remained seized of the implementation of the award under the Hospital Labour Disputes Arbitration Act.
