Law360 Canada ( October 23, 2026, 9:41 AM EDT) -- Appeal by SaskEnergy Incorporated (SaskEnergy) from two decisions. Following two unrelated workplace incidents, five members of Unifor Local 649 (union) employed by SaskEnergy grieved management decisions requiring them to undergo drug and alcohol testing. An arbitrator upheld the grievances, issued a declaration that SaskEnergy improperly required the employees to submit to testing and awarded them compensation (Award). The arbitration hearing was not recorded, so there was no transcript of the evidence available. SaskEnergy sought to supplement the record provided by the arbitrator by filing affidavits from two employees who attended the hearing. The judge ruled these affidavits were inadmissible (Affidavit decision). In a separate decision, the judge found that the Award was reasonable and dismissed SaskEnergy’s application for judicial review (Review decision). SaskEnergy contended that the judge misapplied the test for admitting affidavit evidence on judicial review. SaskEnergy contended that the arbitrator mischaracterized its central position and failed to consider or address evidence relevant to that argument. SaskEnergy also contended that the arbitrator made factual findings based on a misapprehension of the evidence and required SaskEnergy to prove it had reasonable grounds to believe the employees were impaired. SaskEnergy argued that the judge buttressed the arbitrator’s reasons....