2 total
Motion to dismiss judicial review for delay adjourned to be heard by the full Divisional Court panel.
The moving party school board brought a motion before a single judge of the Divisional Court to dismiss the responding party union's application for judicial review for delay.
The underlying application sought review of arbitration awards concerning a wrongful dismissal grievance.
The single judge held that unless the determination of a motion to dismiss for delay is so clear as to leave no doubt, it should be decided by the full panel hearing the application.
Finding the issues were not clear enough for a single judge to determine, the court adjourned the motion to the full panel.
Appeal allowed and arbitrator's award reinstated based on dissenting reasons at the Divisional Court.
The appellant union appealed an order of the Divisional Court that had quashed an arbitrator's award.
The Court of Appeal allowed the appeal, agreeing with the dissenting reasons of Swinton J. at the Divisional Court.
The arbitrator's award was reinstated, and costs were awarded to the appellant.
