Judicial review dismissed; arbitrator's finding that employer must pay Ontario Health Premium was not patently unreasonable.
The applicant employer sought judicial review of an arbitrator's award which held that the employer was obligated under the collective agreement to pay the newly introduced Ontario Health Premium on behalf of its employees.
The Divisional Court applied the patently unreasonable standard of review, following recent Ontario Court of Appeal jurisprudence, and found the arbitrator's interpretation of the collective agreement to be logical and reasonable.
The application for judicial review was dismissed.
Lapointe-Fisher Nursing Home v. United Food and Commercial Workers International Union, Local 175/633, 2005 ONSCDC 37348