Canadian Broadcasting Corp. v. Frumkin
T-1731-92
Teitelbaum J.
25/9/92
9 pp.
Application to stay execution of arbitration award as insufficiently precise and made in excess of respondent's jurisdiction -- Grievance filed by union claiming breach of collective agreement by CBC-Arbitrator upholding grievance in part -- Decision filed into Federal Court Registry under Canada Labour Code, s. 66 -- Evocation proceedings brought by applicant to set aside award -- Arbitrator retaining jurisdiction for 120 days from date of decision-Decision not final as arbitrator retaining jurisdiction to decide question relating to implementation -- Not capable of being legally filed into Federal Court so as to be considered executory -- Test as to whether stay should be granted same as for interlocutory injunctions -- Arguable case herein -- Balance of convenience in favour of CBC -- No prejudice caused to union other than union dues not being paid -- Irreparable harm and much inconvenience caused to CBC if forced to hire reporter in accordance with collective agreement -- Filing of arbitrator's decision nullity as being premature -- Execution of decision stayed until evocation issue decided.