Amherstburg (Town) v. Amherstburg Police Association, (1992) 54 O.A.C. 361 (DC)

• Judge: Campbell, Austin and Granger, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: April 15, 1991
• Jurisdiction: Ontario
• Citations: (1992), 54 O.A.C. 361 (DC)

Amherstburg v. Police Assoc. (1992), 54 O.A.C. 361 (DC)

MLB headnote and full text

In the Matter of the Judicial Review Procedure Act, R.S.O. 1980, c. 224;

And in the Matter of an Arbitration Award dated September 10, 1990, by an Arbitrator appointed pursuant to the provisions of Section 32 of the Police Act, R.S.O. 1980, c. 381.

Board of Commissioners of Police for the Town of Amherstburg (applicant) v. Amherstburg Police Association (respondent)

(File No. 019/90)

Indexed As: Amherstburg (Town) v. Amherstburg Police Association

Ontario Court of Justice

General Division

Divisional Court

Campbell, Austin and Granger, JJ.

February 20, 1992.

Summary:

A town and its police force were unable to agree on a wage increase. The matter was referred to an arbitrator, who granted a wage increase of 9.24%. The town applied for judicial review.

The Ontario Divisional Court dismissed the application.

Arbitration - Topic 8014

Judicial review - Jurisdiction of arbitrator - Error of law on face of the record - Facts or evidence which may be considered by arbitrator - An arbitrator was appointed to determine the wage increase to be given to a town's police force - The arbitrator granted a 9.24% increase based mainly on the historical relationship of wages between the town and the City of Windsor - The town argued that the arbitrator was not entitled to draw the inferences he did about the historical relationship - The Ontario Divisional Court stated that it was open to the arbitrator to infer intent from behaviour (see paragraph 9) - The court dismissed an application for judicial review.

Labour Law - Topic 6634

Collective agreement - Interpretation - Rates of pay - Pay increase - An arbitrator was appointed to determine the wage increase to be given to a town's police force - The arbitrator granted a 9.24% increase based mainly on the historical relationship of wages between the town and the City of Windsor - The Ontario Divisional Court dismissed an application for judicial review - The court stated that there was no error to justify intervention, whatever the test for judicial review - See paragraph 20.

Counsel:

G.W. King and T. Crljenica, for the applicant;

I.J. Roland, for the respondent.

This application was heard by Campbell, Austin and Granger, JJ., of the Ontario Divisional Court on April 15, 1991. The decision of the court was delivered by Campbell, J., on February 20, 1992.