The applicant union sought judicial review of an arbitral award that denied its members a paid holiday on September 19, 2022, the day set aside to honour the memory of Queen Elizabeth II.
The collective agreement provided for holidays declared under the Bills of Exchange Act.
The arbitrator found that the Governor in Council's proclamation 'requested' rather than 'appointed' the day, and thus did not meet the statutory requirements for a legal holiday.
The Divisional Court applied the reasonableness standard of review and upheld the arbitrator's decision, finding his interpretation of the collective agreement and statutory context to be transparent, intelligible, and justified.
