John W. Woon

The applicant school board sought judicial review of an arbitrator's decision that found two special education positions fell within the teachers' bargaining unit rather than being excluded as principal or vice-principal positions.

The school board argued the arbitrator misinterpreted the Education Act and the collective agreements, and that he lost jurisdiction by delaying his decision for over two years.

The Divisional Court dismissed the application, finding the arbitrator's interpretation was not patently unreasonable and that the statutory time limit for rendering a decision is directory rather than mandatory.

The applicant employer sought judicial review of a Pay Equity Hearings Tribunal decision that allowed a former employee to pursue a pay equity complaint despite having signed a full and final release upon termination.

The Divisional Court (majority) quashed the Tribunal's decision, holding that the release was a binding contract that barred the complaint, and the Tribunal's interpretation to the contrary was incorrect.

A dissenting opinion would have dismissed the application, emphasizing the systemic and proactive nature of the Pay Equity Act and the Tribunal's specialized jurisdiction.