What is the test of patently unreasonable or irrational arbitrator’s award?
Ontario, Canada
The following excerpt is from Toronto Transit Commission v. Amalgamated Transit Union, Local 113, 2006 CanLII 4909 (ON SCDC):
It is in light of these previous decisions that we are required to consider the arbitrator’s award and decide upon whether it is “clearly irrational” or “borders on the absurd” as the test of patently unreasonable has been described by Cory J. in Toronto (City) Board of Education v. O.S.S.T.F. 1997 CanLII 378 (SCC), [1997] 1 S.C.R. 487 at para. 35-37.
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