The applicant union sought judicial review of an arbitration board's decision that it lacked jurisdiction to award aggravated and punitive damages to a grievor who was unjustly dismissed.
The Divisional Court applied a correctness standard of review to the jurisdictional question.
Applying the exclusive jurisdiction model from Weber v. Ontario Hydro, the Court held that the claim for damages arose inferentially from the collective agreement and was within the board's exclusive jurisdiction.
The application was granted, the board's decision on jurisdiction was quashed, and the matter was remitted to the board to determine the damages claim.
