Court of Appeal for Ontario
Doherty, Simmons and Pepall JJ.A.
United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 7135 Applicant (Appellant in Appeal)
and
National Steel Car Limited Respondent (Respondent in Appeal)
and
Director of Employment Standards (Ministry of Labour, Ontario) Intervenor
Counsel: Robert Healey, for the applicant (appellant), United Steel Workers Jane Gooding, for the respondent, National Steel Car Limited Grainne McGrath and Judy L. Chan, for the Director of Employment Standards (Ministry of Labour, Ontario)
Heard: June 12, 2013
On appeal from the order of the Superior Court of Justice, Divisional Court (Toscano Roccamo and Koke JJ. and Aston J. (dissenting)), dated October 31, 2012.
APPEAL BOOK ENDORSEMENT
1The reasons of the Divisional Court are found at [2012] ONSC 1941. With respect to the majority, we agree with the analysis and conclusion of Aston J. in dissent.
2The appeal is allowed. The order of the Divisional Court is set aside and the decision of the arbitrator is quashed.
3Costs to the appellant payable by the respondent, National Steel Car Limited, in the amount of $10,000 all inclusive. No costs for or against the Director of Employment Standards.