LABOUR RELATIONS |
Mihalicz v. Royal Bank of Canada
A-41-99
Strayer J.A.
24/5/00
2 pp.
Appeal from Trial Division decision ((1998), 160 F.T.R. 1) dismissing application for judicial review of interim decision by adjudicator under Canada Labour Code, s. 240 refusing to grant non-suit against respondent's case for dismissal of applicant for just cause--Adjudicator making no reviewable error--No jurisdictional issue--Dismissal of non-suit involving mixed question of law, fact--Arbitrator's decision reasonable--Arbitrator entitled to draw inferences she did without senior vice-president of Bank being called as witness--Appellant could not claim right to cross-examine senior vice-president, as evidence not required to make out prima facie case against him--Appeal dismissed--Canada Labour Code, R.S.C., 1985, c. L-2, s. 240 (as am. by R.S.C., 1985 (1st Supp.), c. 9, s. 15).