Hearn Tgs Unit CUOEGW v. Ont. Hydro, (1984) 6 O.A.C. 78 (DC)

Judge:Galligan, Labrosse and Montgomery, JJ.
Court:Superior Court of Justice of Ontario
Case Date:September 26, 1984
Jurisdiction:Ontario
Citations:(1984), 6 O.A.C. 78 (DC)
 
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Hearn Tgs Unit CUOEGW v. Ont. Hydro (1984), 6 O.A.C. 78 (DC)

MLB headnote and full text

In The Matter Of the Grievance of Sam Tziros.

Richard L. Hearn Tgs Unit of Canadian Union of Operating Engineers and General Workers v. Ontario Hydro

Indexed As: Hearn (Richard L.) TGS Unit of Canadian Union of Operating Engineers and General Workers v. Ontario Hydro

Ontario Divisional Court

Galligan, Labrosse and Montgomery, JJ.

October 9, 1984.

Summary:

An arbitrator determined that a dismissed employee was not entitled to any long-term disability benefits, notwithstanding that the employee may have become ill prior to termination, because he was not an employee six months after the disability began. The employee applied for judicial review of the arbitrator's decision.

The Ontario Divisional Court, Labrosse, J., dissenting, dismissed the application.

Labour Law - Topic 6745

Industrial relations - Collective agreement - Interpretation - Sick leave - Long term disability benefits - An arbitrator interpreted a collective agreement and held that its provisions, that gave a right to long-term disability benefits, only became effective six months after the date of the disability and that therefore only a person who was an employee six months after the disability began was entitled to those benefits - The Ontario Divisional Court upheld the decision as a reasonable interpretation of the collective agreement - See paragraphs 3 to 6.

Cases Noticed:

Jonquiere v. Munger, [1964] S.C.R. 45, refd to. [para. 9].

Re Denton Road, [1953] Ch. 51, refd to. [para. 9].

Lambert v. Alta. Teachers Assn., [1978] 6 W.W.R. 184; 17 A.R. 364, refd to. [para. 9].

Lugano v. Minister of Manpower & Immigration, [1977] 2 F.C. 605; 15 N.R. 254 (F.C.A.), refd to. [para. 9].

Counsel:

N.P. Kapelos, for the applicant;

P.S. Jarvis, for the respondent.

This application was heard before Galligan, Labrosse and Montgomery, JJ., of the Ontario Divisional Court on September 26, 1984. The decision of the Divisional Court was delivered orally and released on October 9, 1984, when the following opinions were filed:

Galligan, J. - see paragraphs 1 to 7;

Labrosse, J., dissenting - see paragraphs 8 to 10.

Montgomery, J., concurred with Galligan, J.

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