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In Canada, legislated rights are considered to be incorporated into every collective agreement, and an arbitrator has the jurisdiction to apply those rights and provide remedies for their breach. The Ontario Human Rights Code provides that the same rights can be adjudicated by the Human Rights Tribunal of Ontario. (?HRTO?) This paper describes recent decisions …

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Arbitrating in the Fishbowl – Guppies or Sharks?How Arbitrators can Speak Publicly

A panel discussion. Canadian arbitrators face media attention because much of their arbitration is under statute, versus the arbitration of private contracts in the United States. But both face the media in public service cases. The panelists relate their experiences and offer their recommendations.

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Ethical Issues and Due Process: a Panel Discussion

A panel discussion in which hypothetical situations are commented upon. The issues presented include the timeliness with which CBA procedural requirements are first raised; fairness in the allocating of hearing time; whether the arbitrator can deny a request by one party to file a written closing argument; whether, under the applicable codes of professional conduct, …

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