COURT FILE NO.: 622/03

DATE: 20041004

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

ferrier, ground and pitt jj.

B E T W E E N:

NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION and GENERAL WORKERS UNION OF CANADA (CAW-CANADA) LOCAL NO. 27

Applicant

• and -

LONDON MACHINERY INC. AND DONALD R. WILLIAMSON

Respondent

Anthony F. Dale, for the Applicant

Dan J. Shields, for the Respondent

HEARD: October 4, 2004

GROUND J.: (Orally)

1The standard of review in the case at bar is that of reasonableness. This standard is illuminated by paragraph 21 of the decision of this Court in Elementary Teachers’ Federation of Ontario v. Toronto District School Board, [2004] O.J. No. 2886:

“I am satisfied that the proper standard of review in this case is the standard of reasonableness. In the application of that standard, the court must examine the reasons of the tribunal as a whole, and determine if they can stand up to a “somewhat probing examination”, interfering “only if there is no line of analysis within the given reasons that could reasonably lead the tribunal from the evidence before it to the conclusion which it reached” (Law Society of New Brunswick v. Ryan, 2003 SCC 20, [2003] 1 S.C.R. 247 at para. 55).”

2In our view, the analysis by the arbitrator as to the Collective Agreement being an agreement for the purposes of s. 56(2)(c) of the Employment Standards Act and his analysis of Mr. McCleary’s status as a prescribed employee to be reasonable analyses which led to the arbitrator reaching the conclusions set out in his award.

3The application is dismissed.

FERRIER J.

4I have endorsed the record, “For oral reasons delivered this day, application is dismissed. Costs fixed at $3,000.00, payable to the respondent.”

FERRIER J.

GROUND J.

PITT J.

Date of Reasons for Judgment: October 4, 2004

Date of Release: October 7, 2004

COURT FILE NO.: 622/03

DATE: 20041004

ONTARIO

SUPERIOR COURT OF JUSTICE

DIVISIONAL COURT

ferrier, ground and pitt jj.