Roderick W. Johansen

The applicant hospital sought judicial review of an arbitrator's decision upholding a grievance by a social worker (OPSEU member) who claimed permanent status in a Court Support Worker position.

The position had been temporarily vacated by a nurse (ONA member) who took a short-term acting manager role.

The Divisional Court found the arbitrator's decision unreasonable because he reversed the onus of proof, ignored compelling evidence that the assignment was temporary, and breached natural justice by failing to give notice of the hearing to the ONA.

The arbitrator's decision was set aside and the matter remitted to a new panel.

The appellant appealed the judgment of the Superior Court of Justice.

The Court of Appeal dismissed the appeal, finding no basis to interfere with the trial judge's findings of fact and concluding there was no palpable and overriding error in the appreciation of the evidence.

Costs were awarded to the respondent in the amount of $10,000.

The appellants appealed an order prohibiting picketing at or adjacent to the respondent's business premises, arguing the order was ambiguous as to the location of the proscribed picketing.

The Court of Appeal dismissed the appeal, finding the picketing took place at the respondent's business premises and the order's reference to location was clear.

The Court also declined to interfere with the penalties imposed.