Canadian Union of Postal Workers v. Canada Post Corp.
A-447-98
Marceau J.A.
8/10/98
3 pp.
Appeal from Trial Division's dismissal of application for removal of mediator-arbitrator appointed under Postal Services Continuation Act, 1997 legislating unionized postal workers back to work-Motions Judge's position as to standard to be applied to mediator-arbitrator in considering allegation of reasonable apprehension of bias made against him not accurate, but imprecision in formulation of applicable rule not affecting soundness of overall conclusions-By suggesting situation to be attributed to such decision-maker in spectrum established in Newfoundland Telephone Co. v. Newfoundland (Board of Commissioners of Public Utilities), [1992] 1 S.C.R. 623 for assessing allegations of bias against members of commissions or administrative boards should be somewhere in between legislative and adjudicative extremes, Motions Judge somewhat misdirected himself as to teachings to be drawn from series of cases following Szilard v. Szasz, [1955] S.C.R. 3-Role attributed to mediator-arbitrator here not same as that of usual arbitrator, as not asked to interpret, rule upon contract, existing collective agreement or some binding commercial practices but, rather to create collective agreement, albeit based upon evidence presented to him-Should nevertheless be held to standard close to highest one, that attributed to judge in civil case-Question whether Motions Judge wrong in refusing to accept that, in conversation properly reconstructed, there were passages, either considered in isolation or collectively and in context of arbitration process viewed in its entirety, that could make informed bystander reasonably perceive serious possibility and real likelihood of bias on part of mediator-arbitrator-However high standard applied to mediator-arbitrator, answer "no"-Postal Services Continuation Act, 1997, S.C. 1997, c. 34.