The applicant union sought judicial review of a Grievance Settlement Board decision which held that the Board could not award damages for workplace injuries compensable under the Workers' Compensation Act or the Workplace Safety and Insurance Act.
The grievances alleged that exposure to second-hand smoke violated the health and safety provisions of the collective agreement.
The Divisional Court applied a reasonableness standard of review and upheld the Board's decision, confirming that the historic trade-off barring civil actions for workplace injuries also applies to grievance arbitrations seeking damages for such injuries, unless clear and careful language in the collective agreement provides for supplementary benefits.
