COURT FILE NO.: 07/02
DATE: 20030131
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
cunningham a.c.j., kurisko and matlow, jj.
B E T W E E N:
ONTARIO PUBLIC SERVICE EMPLOYEES UNION ON BEHALF OF ITS LOCAL 420
Applicant
- and -
LOYALIST COLLEGE OF APPLIED ARTS AND TECHNOLOGY, KATHLEEN O'NEIL, ROBERT GALLIVAN AND CLAUDE VEZINA
Respondents
Mihad Fahmy, for the Applicant
Douglas K. Gray, for the Respondent, Loyalist College of Applied Arts and Technology
HEARD: January 31, 2003
MATLOW J.: (Orally)
[1] This application for judicial review is dismissed. The issue addressed by the Arbitration Board as to whether the Union was entitled to grieve the matter before the Board as a Union grievance was an issue which the Board was required to decide.
[2] We are not persuaded that its disposition of this issue was patently unreasonable. Indeed the Board's reasons reflect a careful analysis of all of the relevant factors and a conclusion that reasonably gives effect to the provisions of the Collective Agreement.
CUNNINGHAM A.C.J.
[3] Costs fixed at $4,000.
CUNNINGHAM a.c.j.
KURISKO J.
MATLOW J.
Date of Reasons for Judgment: January 31, 2003
Date of Release: February 11, 2003
COURT FILE NO.: 07/02
DATE: 20030131
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
cunningham A.C.J., kurisko and matlow, jj.
B E T W E E N:
ONTARIO PUBLIC SERVICE EMPLOYEES UNION ON BEHALF OF ITS LOCAL 420
Applicant
- and -
LOYALIST COLLEGE OF APPLIED ARTS AND TECHNOLOGY, KATHLEEN O'NEIL, ROBERT GALLIVAN AND CLAUDE VEZINA
Respondents
ORAL REASONS FOR JUDGMENT
MATLOW J.
Date of Reasons for Judgment: January 31, 2003
Date of Release: February 11, 2003