The applicant City sought judicial review of an arbitration award declaring September 19, 2022 (the day of mourning for Queen Elizabeth II) a paid holiday under the collective agreement.
The Divisional Court found the arbitrator's decision unreasonable because he failed to consider evidence of historical collective agreements and proclamations relevant to the City's estoppel argument.
However, the arbitrator's interpretation of the bilingual statutory instruments was reasonable.
The matter of estoppel was remitted to the same arbitrator for reconsideration.
