Motion to quash granted; judicial review of arbitrator's preliminary award dismissed as premature.
The moving party employer brought a motion to quash an application for judicial review filed by the responding party union on the basis of prematurity.
The union sought to review a labour arbitrator's preliminary award regarding time limits under the collective agreement, arguing exceptional circumstances existed because the grievance was a test case with broad implications.
The Divisional Court held that the application was premature, finding that an agreement to treat the underlying decision as a test case does not on its own justify early intervention and that the circumstances were not exceptional.
The motion to quash was allowed and the application was dismissed.
ODCDivisional CourtOct 28, 2024
