Ontario Severance

Toronto Police Association v. Board of Commissioners

1972 CanLII 34 (ON CA)Court of Appeal for OntarioDecided Labour relations

Police Arbitration Award Reviewed: Jurisdiction & Evidence

Summary

This is a judicial review of an arbitration award in a labour relations dispute between the Toronto Police Association and the Board of Commissioners. The Court of Appeal for Ontario reviewed the arbitrator's award, finding that the arbitrator was a private arbitrator who lacked the authority to amend the collective agreement and improperly admitted extrinsic evidence to interpret an unambiguous clause. This decision was appealed to the Supreme Court of Canada, which upheld it (Toronto Police Association v. Board of Commissioners, [1975] 1 SCR 630). The Supreme Court of Canada affirmed the quashing of the arbitrator's award because the arbitrator made an error of law on the face of the award by relying on extrinsic evidence to interpret an unambiguous agreement. The Board is therefore not required to deduct union dues from the inspectors' salaries under the amended agreement.

Key Factors

  • arbitration
  • collective agreements
  • judicial review
  • jurisdiction
  • Police Act

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More Ontario employment decisions from the 1970s

This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.