Harold F. Caley

A recreation instructor was convicted of sexually assaulting a boy under his supervision and was subsequently dismissed by the City of Toronto.

The union grieved the dismissal, and the arbitrator allowed the relitigation of the sexual assault allegations, ultimately finding the employee was dismissed without just cause.

The Supreme Court of Canada held that the arbitrator's decision to allow relitigation of the criminal conviction was an abuse of process.

The Court ruled that the criminal conviction must stand with all its legal effects, and the arbitrator's failure to give it full effect rendered the decision patently unreasonable.

The applicant ballet company sought a stay of an interim arbitral award that suspended the non-renewal of the respondent dancer's employment contract and ordered her reinstatement pending a final decision.

The applicant argued the arbitrator lacked jurisdiction to order reinstatement under the Labour Relations Act.

The court dismissed the motion for a stay, finding that while there was a serious question to be tried regarding jurisdiction, the applicant failed to establish irreparable harm.

The balance of convenience strongly favoured the respondent, as a further hiatus in dancing would likely end her career, whereas the applicant would not suffer a fatal blow if she were reinstated.