Court File and Parties
CITATION: Attorney General for Ontario v. Canadian Union of Public Employees, 2016 ONSC 2611
DIVISIONAL COURT FILE NO.: 558/14
DATE: 20160425
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
A.C.J.S.C. MARROCCO, SWINTON and SACHS JJ.
BETWEEN:
Attorney General for Ontario Applicant
– and –
Canadian Union of Public Employees, Local 27 and The Greater Essex County District School Board Respondents
-and-
Canadian Union of Public Employees (CUPE National) Intervener/Respondent
Counsel:
Sara Blake, Brent Kettles, Josh Hunter and Padraic Ryan, Counsel for the Applicant, Attorney General for Ontario
Michael Klug, Counsel for the Respondent, Canadian Union of Public Employees, Local 27
Glenn P. Christie and Kathryn L. Meehan, Counsel for the Respondent, Greater Essex County District School Board
Gavin Leeb and Devon M. Paul, Counsel for the Intervener/Respondent, Canadian Union of Public Employees (CUPE National)
HEARD at Toronto: February 25, 2016
Reasons for Judgment
The court
[1] The Attorney General requests judicial review of an arbitration award dated July 29, 2014, in an arbitration between CUPE Local 27 and the respondent school board. The Attorney General submits that the arbitrator erred in his interpretation of s. 177 of the Education Act, R.S.O. 1990, c. E2. This application was heard immediately following the Stated Case raising the same issue.
[2] For the reasons given on the Stated Case (2016 ONSC 2361), we find that, regardless of whether the standard of review is correctness or reasonableness, the Attorney General’s application for judicial review should be dismissed.
[3] With respect to costs, the only party seeking costs is CUPE Local 27 and they seek costs in the amount of $5,000.00. In our view this amount is reasonable. Thus, we order the Attorney General to pay CUPE Local 27 their costs of this application, fixed in the amount of $5,000.00, all inclusive.
A.C.J.S.C. MARROCCO
SWINTON J.
SACHS J.
Released: 20160425
CITATION: Attorney General for Ontario v. CUPE Local 27, 2016 ONSC 2611
DIVISIONAL COURT FILE NO.: 558/14
DATE: 20160425
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
A.C.J.S.C. MARROCCO, SWINTON and SACHS JJ.
BETWEEN:
Attorney General for Ontario Applicant
– and –
Canadian Union of Public Employees, Local 27 and The Greater Essex County District School Board Respondents
-and-
Canadian Union of Public Employees (CUPE National) Intervener/Respondent
REASONS FOR JUDGMENT
THE COURT
Released: 20160425