The appeal by a union from a decision overturning a Chambers judge’s decision to set aside an arbitrator’s decision due to insufficient reasons was dismissed where the Court found that the arbitrator’s decision was reasonable and the reasons allowed a reviewing Court to understand why the tribunal had made its decision and permitted it to determine whether the conclusion was within the range of acceptable outcomes

25. January 2012 0
Administrative law – Decisions of administrative tribunals – Labour and employment boards – Arbitration Board – Labour law – Collective agreements – Arbitration – Benefits – Judicial review – Natural justice – Procedural requirements and fairness – Failure to provide reasons – Standard of review – Reasonableness simpliciter – Correctness Newfoundland and Labrador Nurses’ Union ...

The Supreme Court of Canada allowed an appeal by appellant Nor-Man Regional Health Authority from the Manitoba Court of Appeal and determined that an arbitral award applying equitable remedies was not an aspect of the award that fell outside of the protected zone of deference. As a general rule, reasonableness was the standard of review governing arbitral awards under collective agreements. The arbitrator’s imposition of estoppel in this case was not unreasonable. The arbitrator’s decision that the union was barred from grieving the employer’s decision due to its long-standing acquiescence and the reasons given were transparent, intelligible and coherent. The appeal was allowed and the arbitrator’s award was restored.

25. January 2012 0
Administrative law – Decisions of administrative tribunals – Labour and employment boards – Arbitration Board – Labour law – Arbitration – Collective agreements – Benefits – Judicial review – Standard of review – Reasonableness simpliciter – Correctness – Equitable remedies – Promissory estoppel Nor-Man Regional Health Authority Inc. v. Manitoba Association of Health Care Professionals, ...

A landowner appealed a ruling that set aside a decision to award the landowner costs incurred in arbitration proceedings and a related action that was in regard to a single claim for compensation in respect to a single expropriation matter. The Supreme Court of Canada allowed the appeal.

11. March 2011 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Expropriation – Judicial review – Compliance with legislation – Costs – Standard of review – Reasonableness simpliciter Smith v. Alliance Pipeline Ltd., [2011] S.C.J. No. 7, 2011 SCC 7, Supreme Court of Canada, February 11, 2011, McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella, ...

The Applicants, who were not allowed to participate in the arbitration process due to their failure to pay the required fees, successfully argued that it was manifestly unfair for the arbitrator to render a decision against them. The Applicants ought to have been given the opportunity to make submissions with respect to the Respondent’s claim against them.

27. April 2010 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Arbitrators – Powers – Judicial review – Procedural requirements and fairness – Natural justice – Compliance with legislation Mericle v. Basement Systems (Calgary) Inc., [2010] A.J. No. 221, 2010 ABQB 137, Alberta Court of Queen’s Bench, February 22, 2010, W.A. Tilleman J. This was ...

The Petitioner Her Majesty the Queen in Right of the Province of B.C. (the “Province”) applied for leave to appeal the decision of an Arbitrator acting under the Commercial Arbitration Act, R.S.B.C. 1996, c. 55 (the “Act”) in respect of a dispute the Province had with the Respondent resort company (the “Respondent”). The Court denied the Province’s application for leave to appeal.

24. March 2009 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Government – Contract to provide park services – Terms of agreement – Judicial review – Compliance with legislation – Appeals – Leave to appeal – Discretion of court – Powers under legislation British Columbia v. Gibson Pass Resort Inc., [2009] B.C.J. No. 162, British ...

The Ontario Court of Appeal allowed the appeal of the Medical Advisory Committee (“MAC”) and overturned the decision of the Ontario Superior Court. The Ontario Superior Court held that the arbitrator had erred in deciding the dispute between the MAC and the Respondent Physician. The Court of Appeal held the arbitrator’s decision was subject to judicial review on the reasonableness standard and the decision was reasonable.

27. January 2009 0
Administrative law – Decisions of administrative tribunals – Medical Advisory Committee – Physicians and Surgeons – Hospital privileges – Arbitration Board – Judicial review – Standard of review – Reasonableness simpliciter Smyth v. Perth and Smiths Falls District Hospital, [2008] O.J. No. 4752, Ontario Court of Appeal, November 26, 2008, J.C. MacPherson, E.A. Cronk and ...

The Court dismissed an appeal by a regional municipality, which took the position that a discrimination complaint fell within the exclusive jurisdiction of a labour arbitrator appointed pursuant to the collective agreement, and that the Nova Scotia Human Rights Commission could thus not investigate the complaint. The Court upheld the decision of the chambers judge who had found that the Commission had concurrent jurisdiction.

27. May 2008 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Human Rights Commission – Jurisdiction – Municipalities – Human rights complaints – Discrimination – Race – Judicial review – Compliance with legislation – Labour law – Collective agreements – Arbitration – Jurisdiction of labour arbitrator to hear human rights complaints Halifax Regional Municipality v. ...

The University applied for judicial review of an interim award of an arbitration panel which had found that a grievance brought by the Respondent, a medical resident, was arbitrable pursuant to the collective bargaining agreement. The University challenged the jurisdiction of the arbitration panel on the ground that the issue was academic in nature and thus not arbitrable. The application was dismissed.

27. May 2008 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Universities – Student discipline – Medical residents – Harassment – Judicial review – Labour law – Collective agreements – Arbitration – Jurisdiction of labour arbitrator to hear disciplinary grievances University of Saskatchewan v. Wilde, [2007] S.J. No. 736, Saskatchewan Court of Queen’s Bench, October ...

A judge in chambers was not entitled to substitute his view of good business sense or to consider the weight to be given to evidence in setting aside a decision of an abritrator in a commercial dispute where the parties to the dispute had agreed in advance that the decision would be “final and binding”

22. April 2008 0
Administrative law – Arbitration and award – Decisions of administrative tribunals – Arbitration Board – Jurisdiction of court – Compliance with legislation – Evidence Weyerhaeuser Co. v. Hayes Forest Services Ltd., [2008] B.C.J. No. 108, British Columbia Court of Appeal, January 24, 2008, R.T.A. Low, P.D. Lowry and E.C. Chiasson JJ.A. Two companies, Weyerhaeuser Company ...

An orthopaedic surgeon (Dr. Smyth) was successful in having the Court set aside a final Arbitration Ruling that had recommended a denial of his reappointment to the medical staff at the Perth and Smiths Falls District Hospital (the “Hospital”)

26. December 2007 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Scope of arbitration agreement – Physicians and Surgeons – Hospital privileges – Judicial review – Jurisdiction Smyth v. Perth and Smiths Falls District Hospital, [2007] O.J. No. 4284, Ontario Superior Court of Justice, November 5, 2007, S.J. Kershman J. Dr. Smyth, an orthopaedic surgeon ...