The applicant union sought judicial review of a labour arbitration award which found the arbitrator lacked jurisdiction to hear grievances regarding the hospital's pension contribution deductions.
The arbitrator had concluded that the dispute fell within the exclusive jurisdiction of the pension plan administrator, not the collective agreement.
The Divisional Court applied the reasonableness standard of review and found the arbitrator's decision was justified, transparent, and intelligible, noting the arbitrator properly considered the collective agreement, agreed facts, and relevant jurisprudence including the Weber essential character test.
The application for judicial review was dismissed.
