Bond v. New Brunswick (Board of Management), (1992) 129 N.B.R.(2d) 149 (CA)

• Judge: Hoyt, Rice and Ryan, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: June 16, 1992
• Jurisdiction: New Brunswick
• Citations: (1992), 129 N.B.R.(2d) 149 (CA);1992 CanLII 2434 (NB CA);129 NBR (2d) 149;95 DLR (4th) 733;8 Admin LR (2d) 100;[1992] NBJ No 567 (QL)

Bond v. N.B. (1992), 129 N.B.R.(2d) 149 (CA);

    129 R.N.-B.(2e) 149; 325 A.P.R. 149

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Her Majesty the Queen in right of the Province of New Brunswick as represented by the Board of Management (appellant/respondent) v. Ronald Bond (respondent/applicant)

(62/92/CA)

Indexed As: Bond v. New Brunswick (Board of Management)

New Brunswick Court of Appeal

Hoyt, Rice and Ryan, JJ.A.

September 16, 1992.

Summary:

Bond, a hospital attendant, was fired after he was accused by a patient of sexual assault. Bond filed a grievance that an arbi­trator dismissed. Bond applied for judicial review.

The New Brunswick Court of Queen's Bench, Trial Division, allowed the applica­tion and quashed the arbitrator's decision - see 122 N.B.R.(2d) 351; 306 A.P.R. 351. The employer appealed.

The New Brunswick Court of Appeal dismissed the appeal but ordered a rehear­ing before another arbitrator.

Arbitration - Topic 3668

The arbitrator - Duties of arbitrator - Procedural fairness - A hospital fired Bond, an attendant, after he was accused by a patient of sexual assault - The patient refused to file criminal charges - Bond filed a grievance that was dismissed by an arbitrator - The patient did not testify before the arbitrator, no physical evidence was presented, and the evidence before the arbitrator was described as hearsay - The arbitrator found "her evidence" credible - The New Brunswick Court of Appeal affirmed a decision to quash the arbitration award because the arbitrator failed to provide the procedural fairness required in providing a full and fair hearing - See para­graph 14.

Arbitration - Topic 4573

The hearing - Evidence - Burden of proof - A hospital fired an attendant after he was accused by a patient of sexual assault - The attendant filed a grievance that was heard by an arbitrator - The New Bruns­wick Court of Appeal stated that the stan­dard of proof required before an arbitrator is that "the more serious the offense the more cogent must be the evidence relied on to prove its commission" - See para­graphs 17 and 18.

Arbitration - Topic 8417

Judicial review - Grounds - Misconduct by arbitrator - Breach of rules of natural justice - [See Arbitration - Topic 3668 ].

Labour Law - Topic 9129

Public service labour relations - Adjudica­tion of grievances by adjudicators or boards - Duties of adjudicators or boards - [See Arbitration - Topic 3668 ].

Cases Noticed:

I.U.O.E., Local 796 v. General Mills Ce­reals Ltd. (1964), 15 L.A.C. 116, refd to. [para. 16].

Indusmin Ltd. v. C.L.G.W., Local 488 (1978), 20 L.A.C.(2d) 87 (Ont.), refd to. [para. 20].

Authors and Works Noticed :

Palmer and Palmer, Collective Agreement Arbitration in Canada (3rd Ed. 1991), p. 265 [para. 16].

Counsel:

Richard C. Speight, for the appellant;

Robert Breen, for the respondent.

This appeal was heard by Hoyt, Rice and Ryan, JJ.A., of the New Brunswick Court of Appeal on June 16, 1992. The decision of the court was delivered by Ryan, J.A., on September 16, 1992.