DATE: 20030611

DOCKET: C39123

COURT OF APPEAL FOR ONTARIO

RE:

TORONTO PROFESSIONAL FIRE FIGHTERS’ ASSOCIATION (Applicant (Respondent in Appeal)) – and – THE CITY OF TORONTO (Respondent (Appellant in Appeal))

BEFORE:

ABELLA, MOLDAVER, FELDMAN JJ. A.

COUNSEL:

Howard Goldblatt,

for the applicant (respondent in appeal)

Darrel A. Smith,

for the respondent (appellant in appeal)

HEARD AND ENDORSED:

June 10, 2003

On appeal from the Order of the Divisional Court dated July 4, 2002, which Order quashed the decision of Arbitrator Tom Jolliffe, issued December 7, 2000.

A P P E A L B O O K E N D O R S E M E N T

[1] We agree with the conclusion of the majority in the Divisional Court that it was patently unreasonable for the arbitrator to find that the new position, even though agreed to be a bargaining unit job, was not covered by the seniority rights protections in the composite collective agreement and was, instead, by default, covered by management rights.

[2] Appeal dismissed with costs fixed on consent in the amount of $23,000 for the Divisional Court proceedings, the leave application, and the appeal.