Leslie Sanderson

The applicant union sought judicial review of an arbitration award that imposed two conditions on a grievor's reinstatement without allowing the parties to make submissions on those conditions.

The Divisional Court found a lack of procedural fairness, as the parties were denied a proper opportunity to be heard.

The court quashed the two conditions and remitted the matter to the arbitrator for reconsideration following submissions by counsel.

The applicant sought judicial review of an Ontario Labour Relations Board decision finding that the departure of a 'key man' to the applicant company constituted a sale of a business under the Labour Relations Act, 1995.

The Divisional Court applied the patent unreasonableness standard of review, noting the Board's specialized expertise and the strong privative clauses in the Act.

The Court found there was evidence to support the Board's factual findings and dismissed the application for judicial review, awarding costs to the respondent unions.