Great Essex County District School Board v. OSSTF District 9
The Court of Appeal concluded the Divisional Court erred in setting aside the arbitrator's award, adopted the reasoning of the dissenting judge in the Divisional Court, allowed the appeal and reinstated the arbitrator's award.
Source-derived case information.
- Citation
- 2009 ONCA 502
- Parties
- Applicant (respondent): Greater Essex County District School Board; Respondent (appellant): OSSTF District 9 (Educational Support Staff)
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 19 June 2009
- Procedural Posture
- Civil Appeal / Decision on Appeal From Divisional Court
- Outcome
- Appeal allowed; arbitrator's award reinstated; costs awarded to the appellant.
- Legal Topics
- Arbitration, Judicial Review, Appeals, Costs
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Greater Essex County District School Board
Applicant (respondent)
OSSTF District 9 (Educational Support Staff)
Respondent (appellant)
Procedural Posture
Civil Appeal / Decision on Appeal From Divisional Court
Legal Issues
- 1 Whether the Divisional Court erred in setting aside the arbitrator's award
- 2 Proper standard of review and deference to arbitral decisions
- 3 Whether the arbitrator's award should be reinstated
Ratio Decidendi
The Court of Appeal concluded the Divisional Court erred in setting aside the arbitrator's award, adopted the reasoning of the dissenting judge in the Divisional Court, allowed the appeal and reinstated the arbitrator's award.
Court Disposition
Appeal allowed; arbitrator's award reinstated; costs awarded to the appellant.
Orders
- Appeal allowed
- Arbitrator's award reinstated
Full Case Text
Judgment text and source record
1 paragraphs
Great Essex County District School Board v. OSSTF District 9 Collection Decisions of the Court of Appeal Date 2009-06-19 Neutral citation 2009 ONCA 502 Docket numbers C49795 Judges MacPherson, James C.; Simmons, Janet M.; Watt, David Subject Civil Decision Content CITATION: Greater Essex County District School Board v. OSSTF District 9, 2009 ONCA 502 DATE: 20090619 DOCKET: C49795 COURT OF APPEAL FOR ONTARIO MacPherson, Simmons and Watt JJ.A. BETWEEN: Greater Essex County District School Board Applicant (Respondent ) and OSSTF District 9 (Educational Support Staff) Respondent (Appellant) Maurice A. Green and Antony Singleton, for the appellant L.P. Kavanaugh, Q.C., for the respondent Heard: June 18, 2009 On appeal from the order of the Divisional Court (Justice John R.R. Jennings, Justice Frances P. Kiteley, and Justice Katherine E. Swinton, dissenting) dated July 29, 2008. APPEAL BOOK ENDORSEMENT [1] We agree with the reasons of Swinton J. in dissent. [2] Accordingly, the appeal is allowed and the arbitrator’s award is reinstated. Costs to the appellant, including Divisional Court, leave to appeal and the appeal, fixed at $10,000 inclusive of disbursements and G.S.T.