Application for judicial review dismissed; arbitrator's failure to provide reasons on subsidiary time extension issue not fatal.
The applicant sought judicial review of an arbitral award dismissing a grievance for being filed outside the time limit set out in the collective agreement.
The applicant argued the arbitrator failed to provide reasons for rejecting a request to extend the time limit under the Canada Labour Code.
The Divisional Court dismissed the application, holding that the arbitrator's failure to provide reasons on a subsidiary issue did not amount to a breach of natural justice or render the decision patently unreasonable, as the applicant had failed to adduce evidence justifying an extension.
Hemphill v. National Gallery of Canada, 2005 ONSCDC 79668
