Facts: Due to the COVID-19 pandemic's impact, Exploits Valley Air Services Ltd. (EVAS) had to lay off many employees, including flight crew members (FCMs), after Air Canada canceled most of its flights. Unifor Local 2002 contested the interpretation of recall rights under Article 16 of the Collective Agreement, especially whether permanent layoffs of FCMs led to a loss of recall rights.

Issues: The dispute centered on the interpretation of Article 16, particularly whether the termination of employment due to permanent layoffs resulted in the cessation of recall rights under the Collective Agreement.

Court's Ruling: Justice Khaladkar upheld the Arbitrator’s decision in favor of EVAS, finding the decision reasonable and based on a coherent analysis of the Collective Agreement and relevant legislation. The court dismissed Unifor’s application for certiorari, stating that the Arbitrator had correctly interpreted that the severance paid after 12 months of layoff under the Canada Labour Code ended the employment relationship and, with it, the recall rights.

Costs/Damages: Unifor’s application was dismissed with costs, and EVAS was entitled to its costs under Column III of the Schedule of Costs. No amount specified.