2 total
Judicial review of arbitrator's decision reinstating municipal officer dismissed; no error in discrimination analysis.
The City of Toronto sought judicial review of a labour arbitrator's decision substituting a 30-day suspension for the discharge of a municipal standards officer.
The officer had been terminated for alleged anti-Black racism and harassment after an incident involving two Black women in a closed park.
The City argued the arbitrator erred by requiring proof of racial motivation for a finding of discrimination and by failing to transparently treat the evidence.
The Divisional Court dismissed the application, finding the arbitrator reasonably responded to the City's specific allegations that the officer had singled out the complainants, and that there were no exceptional circumstances to justify interfering with the arbitrator's factual findings.
Motion to strike affidavit granted; employer cannot supplement judicial review record with notes from arbitration.
The respondent union brought a motion to strike portions of an affidavit filed by the applicant employer in support of an application for judicial review of a labour arbitration award.
The affidavit summarized evidence and proceedings from the arbitration hearing.
The Divisional Court granted the motion, finding that the affidavit did not fall within the recognized exceptions for supplementing the record on judicial review, as it was an attempt to reframe the evidence before the arbitrator.
The affidavit was struck with leave to file a reconstituted version containing only exhibits and closing submissions.
