The moving party employer brought a motion to quash an application for judicial review filed by the responding party union on the basis of prematurity.
The union sought to review a labour arbitrator's preliminary award regarding time limits under the collective agreement, arguing exceptional circumstances existed because the grievance was a test case with broad implications.
The Divisional Court held that the application was premature, finding that an agreement to treat the underlying decision as a test case does not on its own justify early intervention and that the circumstances were not exceptional.
The motion to quash was allowed and the application was dismissed.
