Judicial review dismissed; labour arbitrator has implied authority to uphold grievance when employer destroys crucial documents.
The applicant sought judicial review of a Grievance Settlement Board decision that upheld a union grievance after the employer's consultant destroyed interview notes.
The Board found that the destruction of these documents irreparably prejudiced the union's case and prevented a fair hearing.
The Divisional Court dismissed the application, holding that the Board did not deny natural justice by deciding the matter on a preliminary fairness issue without hearing the merits.
The Court further held that the Board had the implied statutory authority to enforce disclosure obligations by allowing the grievance.
Her Majesty the Queen in Right of Ontario v. Crown Employees Grievance Settlement Board, 2005 ONSCDC 1414
