Dr. Neal Sutton

The Union grieved the Employer's decision to remove the grievor from his job as a transit bus driver after a drug test revealed his use of medical cannabis.

During the hearing, the Employer sought to call Dr. Neal Sutton as an expert witness to opine on the safety of a daily medical cannabis user driving a bus.

The Union objected, arguing Dr. Sutton lacked the requisite expertise and objectivity, given his prior involvement in advising the Employer on the grievor's drug test.

The Arbitrator held a voir dire and determined that Dr. Sutton, as a physician who prescribes cannabis and advises employers on its effects, is qualified to give expert evidence.

The Arbitrator also found that Dr. Sutton's relationship with the Employer goes to the weight of his evidence rather than its admissibility, applying the threshold test from White Burgess.