The applicant hospital sought judicial review of an arbitrator's decision regarding the calculation of an employee's long-term disability benefits under a collective agreement.
The hospital argued that the employee's benefits should be reduced by the amount of a disability pension she could have received had she terminated her employment.
The arbitrator found that the pension was not 'available' because electing it would require the employee to terminate her employment and forfeit significant health care benefits.
The Divisional Court dismissed the application, holding that the arbitrator's interpretation of the collective agreement was reasonable and entitled to deference.
