Key Points:

• Parties: Ottawa Police Services Board (Applicant) vs. Ottawa Police Association, Kelly Waddingham (Arbitrator), and Attorney General of Ontario (Respondents)
• Background: The Board sought judicial review of an arbitrator's decision, which recognized September 19, 2022, as a paid holiday in remembrance of Queen Elizabeth II, under the Collective Agreements.
• Arbitrator's Decision: The arbitrator interpreted the Collective Agreements to include any day "proclaimed" by the Governor General as a statutory holiday, thereby granting retroactive holiday benefits for September 19, 2022, to all members.
• Judicial Review Outcome: The application for judicial review was allowed; the court quashed the arbitrator’s decision and dismissed the grievances.
• Reasoning:
  • Interpretation of Collective Agreements: The court found the arbitrator’s interpretation to be unreasonable. The court held that the arbitrator erred in failing to consider the mutual intention of the parties, resulting in an interpretation that led to an absurd result, potentially adding multiple holidays each year without clear intention from the parties.
  • Standard of Review: The decision was reviewed under the reasonableness standard, guided by the principles in Canada (Minister of Citizenship and Immigration) v. Vavilov.

Conclusion:

The Court overturned the arbitrator’s decision, emphasizing the importance of considering the mutual intentions of parties in interpreting collective agreements. This case highlights the complexity of interpreting statutory holiday provisions and underscores the court's role in reviewing arbitration decisions for reasonableness and adherence to contractual intent.