Melanie D. McNaught

Canada Post sought judicial review of an arbitrator's decision to change the cut-off date for calculating damages in a prior award, arguing the arbitrator was functus officio.

The arbitrator had initially set the date without hearing submissions, leading to a mistaken belief of facts.

The Divisional Court dismissed the application, holding that the arbitrator's initial failure to allow submissions amounted to a denial of natural justice.

Therefore, the arbitrator had the power and duty to revisit the issue and correct the error, falling within a recognized exception to the functus officio doctrine.

The applicant employer sought judicial review of a labour arbitrator's decision reversing a two-week suspension imposed on an employee for fighting.

The arbitrator found that the employee had not engaged in a fight, preferring the employee's viva voce evidence over written statements filed by the employer.

The Divisional Court dismissed the application, holding that the arbitrator's factual findings were not patently unreasonable and that the arbitrator correctly held the employer to the specific grounds assigned for discipline.