Robert Gibson

The applicant employer sought judicial review to quash an arbitrator's interim order compelling it to produce documents for a full audit by the respondent union.

The union brought a cross-motion to dismiss the application as premature.

The court dismissed the employer's application for judicial review, agreeing with the union that the application was premature because the arbitrator's order was an interim award that did not resolve the grievance on its merits.

The court emphasized that judicial review of interim orders is only available in very narrow "exceptional circumstances," which were not met here, and found no significant harm to the employer from the ordered production and audit.

The accused was charged with sexual assault, sexual interference, and invitation to sexual touching involving his step-daughter over a 38-month period prior to her 16th birthday, and with two forms of sexual exploitation during periods following her 16th birthday.

The Crown proceeded by indictment; the accused elected trial in Ontario Court of Justice and pleaded not guilty to all charges.

The case turned on credibility in a classic "she said/he said" scenario.

The court found the complainant credible and the accused's evidence riddled with material inconsistencies and implausibilities.

The accused was found guilty on all charges.