The applicant employer sought judicial review of an arbitrator's interlocutory evidentiary ruling regarding settlement privilege in one of 11 test cases concerning employee benefits fraud.
The parties had agreed that the ruling in this test case would apply to the other ten.
The Divisional Court dismissed the application as premature, finding that the agreement to apply the ruling across test cases did not constitute exceptional circumstances justifying the fragmentation of the administrative process.
The court emphasized that labour arbitration cases should generally be decided finally before judicial review is sought.
