Court of Appeal dismissed an appeal by employer from decision dismissing its application for judicial review of arbitration board’s decision finding appellant was required to pay certain employees overtime at vacation entitlement rate

22. October 2013 0
Administrative law – Decisions of administrative tribunals – Labour and employment boards – Labour law – Collective agreements – Vacation pay – Arbitration – Judicial review – Estoppel and res judicata Viterra Inc. v. Grain Services Union, [2013] S.J. No. 535, 2013 SKCA 93, Saskatchewan Court of Appeal, September 10, 2013, R.G. Richards C.J.S., R.K. ...

The Petitioner (“Ms. Mackay”) successfully appealed a decision of an arbitrator who had rejected her claim for nuisance in respect of her dealings with the Respondent, Archaeology Branch. Those dealings involved the Branch requiring her to obtain a heritage inspection on her property as a condition to obtaining a site alteration permit.

Administrative law – Decisions of administrative tribunals – Ministerial orders – Permits and licences – Arbitration – Heritage sites – Inspection – Nuisance – Test – Judicial review – Compliance with legislation Mackay v. British Columbia, [2013] B.C.J. No. 1121, 2012 BCSC 945, British Columbia Supreme Court, May 30, 2013, L.B. Gerow J. (In Chambers) ...

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, ...

The Province of Ontario (“Ontario”) was partly successful on appeal of a motion judge’s order to stay its Superior Court application on the ground that an arbitration process ought to have been followed in a dispute with Imperial Tobacco (“Imperial”) regarding the scope and effect of a release Ontario provided as a term of settlement of a civil claim against Imperial

27. September 2011 0
Administrative law – Arbitration – Scope of arbitration agreement – Arbitrators – Jurisdiction – Class proceedings – Settlements – Releases – Judicial review – Stay of proceedings – Parties – Remedies – Declaratory relief Ontario v. Imperial Tobacco Canada Ltd., [2011] O.J. No. 3392, 2011 ONCA 525, Ontario Court of Appeal, July 20, 2011, S.T. ...

The Saskatchewan Workers’ Compensation Board decision declining jurisdiction to adjudicate a claim made by an employee of the University of Saskatchewan against the University for harassment was quashed by the Court of Appeal and the matter referred back to the Board. It was incumbent on the Board to examine the grievance advanced by way of arbitration and determine whether and to what extent that claim was a claim for a workplace injury that, if established, would entitle the grievor to compensation under the Workers’ Compensation Act, S.S. 1979, c. W-17.1. The Board needed to consider not only the fact that the grievor’s claim under the Act was denied, but the basis upon which it was denied. The question is whether the injury claimed falls within the jurisdiction of the Board, not whether the claimant was successful in proving the claim to the Board.

24. March 2009 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Jurisdiction – Labour law – Arbitration – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter University of Saskatchewan v. Workers’ Compensation Board of Saskatchewan, [2009] S.J. No. 76, 2009 SKCA 17, Saskatchewan Court of Appeal, February 6, 2009, ...

The appeal by the University of Saskatchewan (the “University”) from an interim arbitration award was allowed where the court found that the probation imposed on a medical resident by the College of Medicine following harassment complaints was academic in nature and not subject to the grievance procedure

24. February 2009 0
Administrative law – Decisions of administrative tribunals – College of Medicine – Universities – Medical residents – Student discipline – Harassment – Labour law – Arbitration – Collective agreements – Judicial review – Jurisdiction – Procedural requirements and fairness – Standard of review – Correctness University of Saskatchewan v. Wilde, [2008] S.J. No. 814, Saskatchewan ...

The Petition by the Ministry of Competition, Science and Enterprise (the “Ministry”) for an order quashing a decision of the British Columbia Human Rights Tribunal (the “Tribunal”) was allowed in part where the Court found that the Tribunal should not have heard a portion of a complaint regarding discrimination flowing from a clause in a collective agreement

23. September 2008 0
Administrative law – Workers compensation – Benefits – Decisions of administrative tribunals – Human Rights Tribunal – Disability – Discrimination – Labour law – Collective agreements – Arbitration – Judicial review – Estoppel and res judicata – Mootness British Columbia (Ministry of Competition, Science and Enterprise) (c.o.b. Liquor Distribution Branch) v. Matuszewski, [2008] B.C.J. No. ...

The Appeal by Team Transport from the dismissal of its application for judicial review of the decision of two joint arbitrators was dismissed where the Court found that there was no reasonable apprehension of bias and Team Transport’s motive appeared to be a collateral attack on the legal validity of an Agreement which had been incorporated into an Order in Council, the constitutionality of which had been upheld

Administrative law – Labour law – Arbitration – Arbitration agreements – Terms of agreement – Arbitrators – Powers – Judicial review – Appeals – Bias – Legislation – Orders-in-council – Validity – Jurisdiction Team Transport Services Ltd. v. Klair, [2008] B.C.J. No. 953, British Columbia Court of Appeal, May 28, 2008, M.A. Rowles, N.V. Newbury ...

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.

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. ...