The Canadian Union of Public Employees, Local 79 (the "Union") brought a motion to find the City of Toronto (the "City") in contempt of an arbitrator's award, which had been filed as a court order.
The award ordered the City to reinstate a grievor with compensation.
The City reinstated the grievor but reserved the right to seek repayment of wages and benefits if its ongoing judicial review application of the award was successful.
The Union argued this reservation constituted a conditional reinstatement and contempt.
The court dismissed the motion, finding that the City's reservation of a future legal right, without imposing it as a condition of reinstatement, did not amount to deliberate and willful disobedience of the clear and unequivocal terms of the award.
