Sarah E. Smith

The Cornwall Community Police Services Board sought judicial review of an arbitrator's decision that required a 12% payment in lieu of benefits to all part-time employees, including retirees, and awarded retroactive payments back to 2007 covering expired collective agreements.

The Divisional Court dismissed the application, finding that the arbitrator's interpretation of the collective agreement was reasonable.

The Court also held that the arbitrator's determination of his own jurisdiction to grant retroactive remedies under expired agreements was reviewable on a reasonableness standard and was reasonable based on the Police Services Act and arbitral jurisprudence.

The applicant union sought judicial review of an Ontario Labour Relations Board decision granting bargaining rights to a competing union.

The applicant argued that a voluntary recognition agreement between the employer and the competing union constituted unlawful employer support under s. 53 of the Labour Relations Act.

The Divisional Court dismissed the application, finding the Board's conclusion that the agreement was a bona fide settlement of an outstanding application, rather than unlawful support, was reasonable and entitled to deference.