[2012] 1 F.C.R. D-3
Labour Relations
Motion for order requiring arbitrator appointed by Minister of Labour to stay dispute arbitration, take no action or make any decision as arbitrator until Court reaching final decision on application for judicial review in case at bar—Under Restoring Mail Delivery for Canadians Act, S.C. 2011, c. 17, arbitrator appointed to make decision incorporating final offer selected by arbitrator from final offers submitted by respondent Canada Post Corporation and by applicant, to become effective immediately as new collective agreement between both parties—In case at bar, applicant challenging arbitrator’s expertise in labour relations, acceptability to both parties, bilingualism—Applicant meeting three branches of test in RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311 for obtaining interlocutory injunction or stay—Applicant raising serious issues—Establishing three instances of irreparable harm, namely, applicant having to proceed to arbitration before unilingual arbitrator, revelation of applicant’s final offers disadvantageous to applicant if appointment of arbitrator cancelled by Court, retroactive cancellation of final offer selected by arbitrator creating situation impossible to rectify—Lastly, balance of convenience favouring applicant—Motion allowed.
Canadian Union of Postal Workers v. Canada Post Corporation (T‑1344-11, 2011 FC 1207, Martineau J., decision dated October 20, 2011, 13 pp.)