The applicant employer sought judicial review of a Grievance Settlement Board arbitration award that ordered rectification of a collective agreement's recognition clause.
The Board found that exclusionary language regarding office and technical staff had been inserted by mistake.
The Divisional Court held that the standard of review for an arbitrator's application of the equitable doctrine of rectification is reasonableness.
The Court upheld the Board's decision to rectify the agreement by removing the mistakenly inserted language.
However, the Court found the Board's subsequent interpretation of the rectified clause and its order for the parties to draft new language to be unreasonable, and set aside that portion of the award.
