Sobeys Capital Incorporated (Sobeys) sought Judicial Review of an Arbitration Decision determining wage increases for a certain group of its employees. They were represented through a collective agreement by the Respondent. Sobeys argued that the Arbitrator breached principles of procedural fairness and unreasonably failed to consider required factors pursuant to the collective agreement.

In support of its Application for Judicial Review, Sobeys filed an Affidavit. The Respondent opposed its admissibility. The Court noted that Rule 3.22(a) provides that the Court will only consider the records of the proceedings being challenged, but that additional evidence is permitted in exceptional circumstances. The Affidavit filed by Sobeys did not meet any of the criteria for exceptional circumstances and could not be considered.

Ultimately, the Court held that the Arbitrator’s Decision was unreasonable, and granted an Order in the nature of ceritiorari quashing the Decision and referring the dispute to a new Arbitrator for determination.