The union applied for judicial review of an arbitration award granted in part with grievances. The arbitrator upheld the union grievance claiming the payment of union dues unpaid since the date of employment of the complainant. The union is seeking judicial review of that decision because it is unreasonable.

The Superior Court ruled that the standard of review is reasonableness. Generally, ignorance of the facts generating a legal right cannot be equated with an "impossibility in fact to act." It is otherwise when such ignorance is the result of fraud. It is unacceptable that an employer takes advantage of the naivety of an employee or to adopt an approach towards her premeditated nature of the material impairment of its rights. The file is returned to the referee for a ruling on the claim of the complainant.

J.E. 2011-1923