Motions to quash judicial review and stay arbitration awards dismissed and deferred to full panel.
The City of Hamilton sought judicial review of two arbitration awards regarding bus driver scheduling and seniority.
The union brought a motion to quash the application for judicial review, alleging bad faith, undue delay, and abuse of process.
The City brought a cross-motion to stay the arbitrator's decisions pending the judicial review.
A single judge of the Divisional Court dismissed both motions, finding that the issues, including the admissibility of affidavit evidence, were better left to be determined by the full panel of the Divisional Court scheduled to hear the application.
City of Hamilton v. Amalgamated Transit Union, 2013 ONSC 2961
