The applicant employer sought judicial review of an arbitrator's decision ordering it to pay $185,000 in liquidated damages for failing to produce documents in a timely manner during a grievance process under a construction industry collective agreement.
The Divisional Court found the arbitrator's decision was reasonable and did not breach procedural fairness, as the collective agreement mandated strict timelines and specific penalties for non-compliance.
The application was dismissed, save for a mathematical calculation error regarding the exclusion of weekends and holidays, which was remitted to the arbitrator on consent.
