Ronald Lebi

The union and the employers' association failed to reach a new collective agreement for the residential construction sector.

An arbitrator was appointed under the Labour Relations Act, 1995.

The employers' association argued the arbitrator's jurisdiction was limited to the Greater Toronto Area (GTA), while the union argued for a province-wide award.

The arbitrator determined he had jurisdiction to make a province-wide award to avoid fracturing the bargaining unit.

The Divisional Court quashed the award for areas outside the GTA.

On appeal, the Court of Appeal held that the standard of review for the arbitrator's jurisdictional decision was reasonableness.

The Court found the arbitrator's decision was reasonable and restored the province-wide award.

In an addendum to a previous decision allowing the appeal and restoring the Ontario Labour Relations Board's decision, the Court of Appeal clarified the timeline for an estoppel period.

Responding to a letter from the respondent's counsel, the court confirmed its intention that the new two-year estoppel period originally set by the OLRB would start again on the date of the court's decision.

The appellant unions appealed a Divisional Court decision that quashed an Ontario Labour Relations Board ruling.

The Board had admitted a photocopy of the 1958 Sarnia Working Agreement into evidence as a business record and ancient document, finding it created province-wide bargaining rights binding the respondent employer.

The Board also found the unions were estopped from enforcing the agreement for two years due to representations made in 2000.

The Divisional Court ruled the document inadmissible and substituted a permanent estoppel.

The Court of Appeal allowed the appeal, holding that the Divisional Court failed to show deference to the Board's evidentiary rulings and remedial discretion, restoring the Board's original decision.