3 total
Arbitrator's decision denying seniority accrual for On Call Relief Employees upheld as reasonable.
The applicant union sought judicial review of an arbitrator's decision regarding the calculation of seniority for On Call Relief Employees who become route-holding Rural and Suburban Mail Carriers.
The arbitrator found that, based on the collective agreement, seniority does not accrue during the period an employee works as an On Call Relief Employee.
The Divisional Court applied the reasonableness standard of review and upheld the arbitrator's decision, finding that it gave meaning to all relevant provisions of the collective agreement without modifying them.
The application for judicial review was dismissed, with one judge dissenting.
Appeal dismissed; alleged lease renewal missing rent and duration was an unenforceable agreement to agree.
The appellant appealed a summary judgment dismissing its action.
The appellant argued that the parties had agreed to renew an existing commercial lease, subject only to agreeing on rent and the term.
The Court of Appeal dismissed the appeal, holding that an agreement missing essential terms such as rent and duration is merely an unenforceable agreement to agree.
The court also noted the appellant failed to comply with the in-writing requirements of the Statute of Frauds.
Union held liable for dental plan deficit; trial judge's findings on premium shortfalls and run-off claims upheld.
The appellant union appealed a trial judgment holding it liable for the balance of a deficit in a jointly funded dental plan administered by Great-West Life.
The union argued that Canada Post failed to remit proper premiums and that the governing agreement had been terminated, precluding liability for run-off claims.
The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the trial judge's conclusions that the union shared responsibility for the deficit and that the agreement had not been legally terminated.
