COURT OF APPEAL FOR ONTARIO
RE:
TORONTO PROFESSIONAL FIRE FIGHTERS’ ASSOCIATION (Applicant (Respondent in Appeal)) – and – THE CITY OF TORONTO (Respondent (Appellant in Appeal))
BEFORE:
ABELLA, MOLDAVER, FELDMAN JJ. A.
COUNSEL:
Howard Goldblatt,
for the applicant (respondent in appeal)
Darrel A. Smith,
for the respondent (appellant in appeal)
HEARD AND ENDORSED:
June 10, 2003
On appeal from the Order of the Divisional Court dated July 4, 2002, which Order quashed the decision of Arbitrator Tom Jolliffe, issued December 7, 2000.
A P P E A L B O O K E N D O R S E M E N T
1We agree with the conclusion of the majority in the Divisional Court that it was patently unreasonable for the arbitrator to find that the new position, even though agreed to be a bargaining unit job, was not covered by the seniority rights protections in the composite collective agreement and was, instead, by default, covered by management rights.
2Appeal dismissed with costs fixed on consent in the amount of $23,000 for the Divisional Court proceedings, the leave application, and the appeal.