Court File and Parties

CITATION: Greater Essex County District School Board v. OSSTF District 9, 2009 ONCA 502

DATE: 20090619

DOCKET: C49795

COURT OF APPEAL FOR ONTARIO

BEFORE: MacPherson, Simmons and Watt JJ.A.

BETWEEN:

Greater Essex County District School Board

Applicant (Respondent)

and

OSSTF District 9 (Educational Support Staff)

Respondent (Appellant)

COUNSEL:

Maurice A. Green and Antony Singleton, for the appellant

L.P. Kavanaugh, Q.C., for the respondent

HEARD: June 18, 2009

On appeal from the order of the Divisional Court (Justice John R.R. Jennings, Justice Frances P. Kiteley, and Justice Katherine E. Swinton, dissenting) dated July 29, 2008.

APPEAL BOOK ENDORSEMENT

[1] We agree with the reasons of Swinton J. in dissent.

[2] Accordingly, the appeal is allowed and the arbitrator’s award is reinstated. Costs to the appellant, including Divisional Court, leave to appeal and the appeal, fixed at $10,000 inclusive of disbursements and G.S.T.