K. Chan

The applicant insurer sought judicial review of a FSCO Director's Delegate's decision upholding an arbitrator's award of non-earner benefits to the respondent, who was struck by a bus.

The insurer argued the arbitrator failed to apply the 'continuously prevents' aspect of the test for non-earner benefits.

The Divisional Court dismissed the application, finding that the Director's Delegate reasonably concluded the arbitrator had addressed the test in light of the evidence and the specific arguments raised by the parties at the arbitration.

The applicant union applied for certification.

A representation vote was held, and more than 50% of the ballots cast were in favour of the applicant.

The parties agreed on the bargaining unit description, except for certain disputed positions.

The Board determined that the applicant's right to certification could not be affected by the ultimate decision on the disputed classifications.

Pursuant to section 9(2) of the Act, the Board granted interim certification to the applicant pending the final resolution of the bargaining unit's composition.