Toronto Police Association v. Toronto Police Commissioners Board

Toronto Police Association v. Toronto Police Commissioners Board

The court held that the arbitration award was properly quashed because the subject matter of the dismissal of a probationary constable was governed by a regulation that precluded the arbitrator from exercising jurisdiction over the dispute; therefore the arbitrator lacked jurisdiction and the award could not stand.

Citation
[1982] 1 SCR 451
Parties
Appellant (plaintiff): Metropolitan Toronto Police Association; Respondent (defendant): Metropolitan Toronto Board of Commissioners of Police
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 March 1982
Procedural Posture
Appeal / Final Appeal to Supreme Court of Canada From Ontario Court of Appeal; Appeal Dismissed
Outcome
Appeal dismissed; order of Divisional Court quashing arbitration award upheld
Legal Topics
Arbitration Jurisdiction, Dismissal on Probation, Collective Agreement Interpretation, Regulatory Preemption
Source Language
English
Professional Law Labour and Employment Law Administrative Law Arbitration Arbitration Jurisdiction Dismissal on Probation Collective Agreement Interpretation Regulatory Preemption

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Parties

Metropolitan Toronto Police Association

Appellant (plaintiff)

Metropolitan Toronto Board of Commissioners of Police

Respondent (defendant)

Procedural Posture

Appeal / Final Appeal to Supreme Court of Canada From Ontario Court of Appeal; Appeal Dismissed

Legal Issues

  1. 1 Whether an arbitrator had jurisdiction to hear a grievance challenging the dismissal of a probationary constable
  2. 2 Whether regulations governing discharge of probationary constables preclude arbitration under the collective agreement
  3. 3 Whether working conditions not governed by regulations are subject to collective bargaining and arbitration

Ratio Decidendi

The court held that the arbitration award was properly quashed because the subject matter of the dismissal of a probationary constable was governed by a regulation that precluded the arbitrator from exercising jurisdiction over the dispute; therefore the arbitrator lacked jurisdiction and the award could not stand.

Court Disposition

Appeal dismissed; order of Divisional Court quashing arbitration award upheld

Orders

  • Appeal dismissed with costs.
  • Order of Divisional Court quashing arbitration award upheld.