Re Lasalle Machine Tool of Canada Ltd. and International Union, United Automobile Aerospace and Agricultural Implement Workers of America

1973 CanLII 602 (ON SC)Decided

Collective Agreement Interpretation: Arbitrator's Use of Extrinsic Evidence Set Aside

Summary

A judicial review of an arbitration award involving the interpretation of article 22.02(c) of a collective agreement. The court found that the arbitrator improperly admitted extrinsic evidence to interpret the clause, which was deemed clear and unambiguous, and set aside the award, remitting the matter to a new board of arbitration.

Outcome

Award set aside and matter remitted to a new board of arbitration

Award

The arbitration award was set aside due to the arbitrator's reliance on extrinsic evidence in interpreting a clear and unambiguous clause in the collective agreement.

Key Factors

  • collective agreements
  • arbitration
  • extrinsic evidence
  • interpretation of agreements
  • judicial review

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