M.R. Dambrot

The appellant appealed a motion judge's order granting an adjournment of a summary judgment motion on the condition that the respondent's application for divorce be severed from the corollary issues.

The appellant argued the motion judge failed to consider whether the severance would disadvantage her under Rule 12(6) of the Family Law Rules.

The Divisional Court dismissed the appeal, finding the motion judge properly balanced the interests of both parties and that there was no evidence the appellant would be disadvantaged by the severance, given the terms of the parties' separation agreement.

Air Canada sought judicial review of a labour arbitration award that directed it to offer 90 denied Voluntary Separation Program (VSP) applications to eligible employees.

Air Canada argued the arbitrator exceeded his jurisdiction by modifying the collective agreement and interfering with management rights.

The Divisional Court applied the reasonableness standard of review, finding that the arbitrator was properly interpreting the quantitative language of the Memorandum of Understanding, which required the maximum number of VSPs to be granted.

The application for judicial review was dismissed.