What is the legal test for reasonableness in an arbitrator's assessment of facts at an arbitration?
Ontario, Canada
The following excerpt is from Ottawa Hospital v. Ontario Public Service Employees Union, Local 464, 2009 CanLII 9389 (ON SCDC):
Of course, if the arbitrator misstates the legal test that is to be applied to those facts, the resulting decision fails any review for reasonableness (Lake v. Canada (Minister of Justice), [2008] 1 S.C.R. 23, at p. 41).
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