Court File and Parties
COURT OF APPEAL FOR ONTARIO
BEFORE: MacPherson, Simmons and Watt JJ.A.
BETWEEN:
Greater Essex County District School Board
Applicant (Respondent)
and
OSSTF District 9 (Educational Support Staff)
Respondent (Appellant)
COUNSEL:
Maurice A. Green and Antony Singleton, for the appellant
L.P. Kavanaugh, Q.C., for the respondent
HEARD: June 18, 2009
On appeal from the order of the Divisional Court (Justice John R.R. Jennings, Justice Frances P. Kiteley, and Justice Katherine E. Swinton, dissenting) dated July 29, 2008.
APPEAL BOOK ENDORSEMENT
1We agree with the reasons of Swinton J. in dissent.
2Accordingly, the appeal is allowed and the arbitrator’s award is reinstated. Costs to the appellant, including Divisional Court, leave to appeal and the appeal, fixed at $10,000 inclusive of disbursements and G.S.T.