The applicant employer sought judicial review of a labour arbitration award that denied its right to recover wage overpayments made to employees due to a mistake of fact.
The arbitrator had found that the union established the defence of estoppel and that the collective agreement provision relied on the employer only governed the process for recovery, not the absolute entitlement to it.
The Divisional Court dismissed the application, holding that the arbitrator's interpretation of the collective agreement was reasonable and that labour arbitrators have flexibility in applying equitable doctrines like estoppel without requiring a formal, detailed analysis of every component.
