The appellant teachers filed grievances claiming their university-level teaching experience should be credited.
The respondent employer objected that the grievances were filed late under the collective agreement.
The arbitration tribunal dismissed the objection, finding the grievances related to 'errors of evaluation' and could be filed at any time.
The employer sought a writ of evocation, which was granted by the Superior Court and affirmed by the Court of Appeal on the basis that the arbitrator exceeded their jurisdiction.
The Supreme Court of Canada allowed the appeal, holding that an arbitrator's decision on whether a grievance is filed late is not jurisdictional in nature and is not subject to judicial review.
