United Steelworkers (Local 7135) v. National Steel Car Limited
The Court of Appeal adopted the dissenting analysis of Aston J., allowed the appeal, set aside the Divisional Court order and quashed the arbitrator's decision; costs of $10,000 awarded to the appellant and no costs for or against the intervenor.
Source-derived case information.
- Citation
- 2013 ONCA 401
- Parties
- Applicant: United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 7135; Respondent: National Steel Car Limited; Intervenor: Director of Employment Standards (Ministry of Labour, Ontario)
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 14 June 2013
- Procedural Posture
- Civil / Appeal to Court of Appeal From Divisional Court
- Outcome
- Appeal allowed; Divisional Court order set aside; arbitrator's decision quashed.
- Legal Topics
- Judicial Review of Arbitrator Decision, Standard of Review, Scope of Arbitration, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 7135
Applicant
National Steel Car Limited
Respondent
Director of Employment Standards (Ministry of Labour, Ontario)
Intervenor
Procedural Posture
Civil / Appeal to Court of Appeal From Divisional Court
Legal Issues
- 1 Whether the Divisional Court majority erred in its decision
- 2 Whether the arbitrator exceeded jurisdiction or made a reviewable error
- 3 Whether the Court should quash the arbitrator's decision and set aside the Divisional Court order
Ratio Decidendi
The Court of Appeal adopted the dissenting analysis of Aston J., allowed the appeal, set aside the Divisional Court order and quashed the arbitrator's decision; costs of $10,000 awarded to the appellant and no costs for or against the intervenor.
Court Disposition
Appeal allowed; Divisional Court order set aside; arbitrator's decision quashed.
Orders
- Divisional Court order set aside
- Arbitrator's decision quashed
Full Case Text
Judgment text and source record
1 paragraphs
United Steelworkers (Local 7135) v. National Steel Car Limited Collection Decisions of the Court of Appeal Date 2013-06-14 Neutral citation 2013 ONCA 401 Docket numbers C56606 Judges Doherty, David H.; Simmons, Janet M.; Pepall, Sarah E. Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: United Steelworkers (Local 7135) v. National Steel Car Limited, 2013 ONCA 401 DATE: 20130613 DOCKET: C56606 Doherty, Simmons and Pepall JJ.A. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, Local 7135 Applicant (Appellant in Appeal) and National Steel Car Limited Respondent (Respondent in Appeal) and Director of Employment Standards (Ministry of Labour, Ontario) Intervenor Robert Healey, for the applicant (appellant), United Steel Workers Jane Gooding, for the respondent, National Steel Car Limited Grainne McGrath and Judy L. Chan, for the Director of Employment Standards (Ministry of Labour, Ontario) Heard: June 12, 2013 On appeal from the order of the Superior Court of Justice, Divisional Court (Toscano Roccamo and Koke JJ. and Aston J. (dissenting)), dated October 31, 2012. APPEAL BOOK ENDORSEMENT [1] The reasons of the Divisional Court are found at [2012] ONSC 1941. With respect to the majority, we agree with the analysis and conclusion of Aston J. in dissent. [2] The appeal is allowed. The order of the Divisional Court is set aside and the decision of the arbitrator is quashed. [3] Costs to the appellant payable by the respondent, National Steel Car Limited, in the amount of $10,000 all inclusive. No costs for or against the Director of Employment Standards.