The applicant union sought judicial review of an arbitration award that dismissed a grievance regarding supplemental unemployment benefits.
The collective agreement provided top-up benefits during parental leave to adoptive parents but not to biological parents.
The union argued this violated the Human Rights Code and s. 15(1) of the Charter.
The Divisional Court upheld the arbitration board's decision, finding that the provision responded to the special needs of adoptive parents and did not undermine the human dignity of biological parents, who are not a historically disadvantaged group.
The application was dismissed.
