The court hears arguments in case #28840, Canadian Union of Public Employees, Local 79 v. City of Toronto and Douglas C. Stanley on February 13, 2003.
Glenn Oliver was tried and convicted of sexually assaulting a boy while in the employ of the City of Toronto. The city fired him following the conviction and Mr. Oliver grieved his dismissal. The arbitrator found that the criminal conviction was not conclusive that Mr. Oliver had sexually assaulted the boy, and so ruled that Mr. Oliver had been dismissed without cause. The Superior Court of Justice quashed the arbitrator’s ruling and the Court of Appeal for Ontario upheld the Superior Court’s decision. The Canadian Union of Public Employees, Local 79, is appealing that decision on behalf of Mr. Oliver to the Supreme Court of Canada.
Lawyers Jason Hanson and Mahmud Jamal present arguments on behalf of the City of Toronto, et al. Lawyer Sean Kearney presents arguments on behalf of the Attorney General of Ontario, an intervener in the case. Lawyer Douglas J. Wray presents arguments in reply on behalf of the Canadian Union of Public Employees.