A recreation instructor was convicted of sexually assaulting a boy under his supervision and was subsequently dismissed by the City of Toronto.
The union grieved the dismissal, and the arbitrator allowed the relitigation of the sexual assault allegations, ultimately finding the employee was dismissed without just cause.
The Supreme Court of Canada held that the arbitrator's decision to allow relitigation of the criminal conviction was an abuse of process.
The Court ruled that the criminal conviction must stand with all its legal effects, and the arbitrator's failure to give it full effect rendered the decision patently unreasonable.
