2 total
Application for judicial review dismissed; union failed to raise natural justice concerns before the arbitrator.
The applicant union sought judicial review of two arbitration awards concerning the termination of an occasional teacher.
In the first award, the arbitrator found the termination lacked just cause but ordered damages in lieu of reinstatement without prior notice to the parties.
In the second award, the arbitrator calculated the damages, including deductions for mitigation.
The Divisional Court dismissed the application, holding that the union should have raised its natural justice concerns regarding the first award with the arbitrator before proceeding to the damages hearing, as the arbitrator was not functus officio.
The court also found the arbitrator's mitigation analysis reasonable, distinguishing the facts from established appellate jurisprudence.
Motion for particulars dismissed as they were not necessary for pleading a reply or preparing for certification.
The plaintiffs in a proposed class action for wrongful dismissal brought a motion seeking particulars of the allegations in the defendants' Statement of Defence and Crossclaim.
The plaintiffs argued the particulars were necessary to deliver a reply and to prepare for the upcoming certification motion.
The court dismissed the motion, finding that the plaintiffs did not need the particulars to plead a reply, as they were not proposing a different version of facts.
Furthermore, the court held that particulars should not be used as a substitute for discovery, and the plaintiffs would have ample opportunity to understand the defendants' case through the normal certification motion procedures.
