The applicant employer association sought judicial review of an arbitrator's decision dismissing its application for final offer selection to amend a collective agreement.
The applicant argued the arbitrator lacked jurisdiction to dismiss the application and was required to choose one of the two final offers.
The Divisional Court dismissed the application, finding that under the pragmatic and functional approach, the arbitrator's interpretation of the collective agreement was subject to a patently unreasonable standard of review.
The court held it was not patently unreasonable for the arbitrator to conclude that the existence of a competitive disadvantage had to be verified before an offer could be selected, and that the arbitrator's factual findings were supported by evidence.
