The applicant employer brought a motion for an interim stay of a grievance arbitration award that reinstated an employee who had been dismissed for allegedly subletting his rental unit improperly.
The court determined that the applicable test for staying a labour arbitration award requires the moving party to establish a strong prima facie case, rather than merely a serious issue to be tried.
The court found the employer failed to meet this threshold because it had called no direct evidence at the arbitration to challenge the employee's testimony.
The motion for a stay was dismissed and costs were awarded to the respondent union.
