June 28, 2016
Patent and Pervasive
Counsel for the applicant submitted that there was no case law defining “patent” and “pervasive”. I disagree. The [Labour Relations] Board’s decisions make clear that an error must be apparent on the face of the award (that is be patent) and must go to the heart of the basis for the decision (that is be pervasive).
(Tang v. UFCW, Local 1000A (2016), 2016 CarswellOnt 3534 (Ont. L.R.B.) at para. 33 Mary Anne McKellar V-Chair)
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