Can an arbitrator be required as a matter of law to "give full effect" to a conviction?
Ontario, Canada
The following excerpt is from Amalgamated Transit Union, Local 279 v. Ottawa (OC Transpo), 2007 CanLII 41425 (ON SCDC):
In Toronto v. CUPE it was held that the arbitrator was required as a matter of law to “give full effect to the conviction” and that as a result of the error in not doing so, the arbitrator reached a patently unreasonable conclusion. See Arbour J. at para. 58 and LeBel J. at para. 60.
The applicant ATU contends that as the arbitrator in Toronto v. CUPE was required as a matter of law to give full effect to a conviction, so too were the arbitrators in this case required as a matter of law to give full effect to the acquittal of the grievor.
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