D.L. Corbett J.

The applicant nurses' union sought judicial review of two directives issued by the Chief Medical Officer of Health regarding COVID-19 infection control and the use of N95 respirators.

The applicants argued the directives failed to account for aerosol and asymptomatic transmission and violated section 7 of the Charter.

The Divisional Court dismissed the application, finding the directives were reasonable as they expressly incorporated the precautionary principle and permitted nurses to access N95 respirators based on their professional judgment.

The applicant union sought judicial review of an arbitration award upholding the layoff of two unionized employees.

The union argued the arbitrator unreasonably applied the wrong standard of review by deferring to the employer's assessment of the employees' relative abilities rather than determining correctness.

The Divisional Court dismissed the application, finding the arbitrator's approach was consistent with established arbitral consensus and reasonable.

The court also rejected arguments regarding the arbitrator's delay in issuing the decision.