The employer appealed a Divisional Court decision upholding an arbitrator's award that required the employer to reimburse employees for the Ontario Health Premium under the collective agreement.
The Court of Appeal dismissed the appeal, affirming that the standard of review for the arbitrator's decision is patent unreasonableness.
The Court found the arbitrator's interpretation that the Ontario Health Premium was reasonably and materially similar to the former OHIP premium was not patently unreasonable, and rejected the argument that arbitral inconsistency warrants judicial intervention.
