What is the standard of review required by arbitrators to give full effect to the acquittal of the grievor?

Ontario, Canada


The following excerpt is from Amalgamated Transit Union, Local 279 v. Ottawa (OC Transpo), 2007 CanLII 41425 (ON SCDC):

However, the issue as to whether the arbitrators were required under the doctrine of abuse of process as enunciated in Toronto v. CUPE to gave full effect to the acquittal of the grievor is a matter of law and thus the standard of review on that issue is one of correctness. If there was any incorrectness in the decision of the arbitrators on that question of law, further consideration would be required to determine if as a result of that error of law, the outcome reached by the arbitrators was patently unreasonable.

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