In what circumstances will an arbitrator be bound to follow the interpretation of Arbitrator Starkman’s interpretation of the Interpretation of the Arbitrator's Interpretation in a dispute?
Ontario, Canada
The following excerpt is from Ottawa Citizen v. Ottawa Newspaper Guild, 2004 CanLII 18932 (ON SCDC):
In so stating we should not be taken as agreeing with the interpretation of Arbitrator Starkman nor should we be taken as holding that another arbitrator would not come to a different conclusion. In this respect we note the difference outlined between courts and tribunals by Iacobucci J. in Weber v. Ontario Hydro, 1995 CanLII 108 (SCC), [1995] 2 S.C.R. 929 at para. 14: …Courts must decide cases according to the law and are bound by stare decisis. By contrast, tribunals are not so constrained. When acting within their jurisdiction, they may solve the conflict before them in the way judged to be most appropriate. In labour arbitration, the arbitrator is not bound to follow the decisions of other arbitrators, even when similar circumstances arise.
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