The Top Ten Canadian Court Decisions on Arbitration
In addition to presenting an audio conference on the "Top Ten" Canadian employment law and wrongful dismissal cases (see my previous post), Lancaster House recently presented on the "Top Ten Canadian Court Cases on Arbitration". Again, in no particular order, the cases and the issues they address, are:
- Parry Sound (District) Social Services Administration Board v. O.P.S.E.U., Local 324, 2003 SCC 42 - the scope of an arbitrator's authority to interpret and apply employment-related statutes.
- Weber v. Ontario Hydro  2 S.C.R. 929 - establishes that labour arbitrators, not the courts, have exclusive jurisdiction over "all differences between the parties arising from the interpretation, application, administration or alleged violation" of the collective agreement.
- Quebec (Commission des droits de la personne et des droits de la jeunesse) v. Quebec (Attorney General), 2004 SCC 39 (Morin) - the approach tribunals and the courts will take in cases where an arbitration board has overlapping jurisdiction with a tribunal.
- Imbleau et al. v. Laskin et al.,  S.C.R. 338 - the nature and scope of an arbitrator's authority to award damages for losses suffered as a result of the breach of the collective agreement.
- Ontario Public Service Employees Union v. Seneca College of Applied Arts & Technology, 2006 CanLII 14236 (ON C.A.) application for leave dismissed 2006 CanLII 38636 (S.C.C.) - whether punitive and aggravated damages can be awarded at arbitration.
- Cie minière Québec Cartier v. Quebec (Grievances arbitrator),  2 S.C.R. 1095 - the scope of arbitral authority to substitute a lesser penalty for discharge in light of post-discharge evidence of good conduct.
- British Columbia (Public Service Employee Relations Commission) v. BCGSEU,  3 S.C.R. 3 ("Meiorin") - sets out the test for establishing that a workplace requirement is a bona fide occupational qualification and therefore a defence to an allegation of discrimination.
- Central Okanagan School District No. 23 v. Renaud,  2 S.C.R. 970 - the factors to be considered in determining whether an accommodation would amount to an "undue hardship" and the union's role in the accommodation process.
- Hydro-Québec v. Syndicat des employé-e-s de techniques professionelles et de bureau d'Hydro-Québec, 2008 SCC 43 - this case, which dealt with absenteeism due to disability, clarifies the limits of an employer's duty to accommodate disabled employees.
- Dunsmuir v. New Brunswick 2008 SCC 9 - the standards of review applicable to the decisions of arbitrators on judicial review.