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 ...

The University of British Columbia Faculty Association (the “Association”) brought a grievance on behalf of a faculty member after the President of the University of British Columbia (“UBC”) decided not to recommend the member for promotion. The President gave the small number of publications in peer-reviewed journals as the justification for the negative decision. The matter went to arbitration, where the President’s decision was found to be unreasonable. The arbitrator held that the President failed to consider the quality of the faculty member’s innovative professional work and how his work was regarded by his peers. Under the collective agreement (Article 13.07(c)) between Association and UBC, when such a decision is found to be unreasonable, the Board shall “reverse” the decision. The arbitrator interpreted the word “reverse” to mean “revoke” or “annul”, and declined to remit the matter back to the President for reconsideration. The arbitrator substituted a decision to recommend the faculty member for promotion for the President’s decision.

26. June 2007 0
Administrative law – Universities – Evaluation of professors – Labour law – Arbitration – Collective agreements – Jurisdiction – Judicial review – Compliance with legislation – Interpretation of legislation – Standard of review – Patent unreasonableness – Correctness – Charter of Rights and Freedoms – Freedom of expression University of British Columbia v. University of British Columbia Faculty ...

The appeal of the municipality from a decision of a motions judge who found that the doctrine of laches did not apply to an arbitration proceeding was allowed. While the motions judge was correct when he held that the statutory limitations of the Limitations of Actions Act applied to arbitrations under the Arbitration Act, he erred when he concluded that the equitable defence of laches did not apply when statutory limitations applied. The case was therefore remitted back to arbitrator for determination.

28. November 2006 0
Administrative law – Municipalities – Planning and zoning – Arbitration – Laches – Limitations – Judicial review – Delay – Jurisdiction – Standard of review – Correctness – Remedies Rivergate Properties Inc. v. West St. Paul (Rural Municipality), [2006] M.J. No. 281, Manitoba Court of Appeal, July 20, 2006, Scott C.J.M., Steel and Hamilton JJ.A. The parties were ...

The appeal by the Capital District Health Authority from a ruling quashing a decision of an interest arbitration board on the basis that the Board was functus was allowed where the Court found that the Board did not make a reviewable error and the Application Judge had applied the wrong standard of review

26. September 2006 0
Administrative law – Labour law – Arbitration – Decisions of administrative tribunals – Health authorities – Functus officio – Judicial review – Jurisdiction – Standard of review – Reasonableness simpliciter Capital District Health Authority v. Nova Scotia Government and General Employees Union, [2006] N.S.J. No. 281, Nova Scotia Court of Appeal, July 7, 2006, T.A. Cromwell, ...

The BC Public School Employers’ Association (“BCPSEA”) was unsuccessful in appealing from an arbitrator’s decision to the effect that the British Columbia Teachers’ Federation (“BCTF”) was justified in taking a grievance from the decision of the School Boards to advise teachers that they were not to post materials on teacher bulletin boards or to distribute documents to parents regarding issues of class size that were the subject of collective bargaining negotiations between the BCTF and the BCPSEA

27. September 2005 0
Administrative law – Schools and school boards – Powers – Teachers – Labour law – Arbitration – Decisions of administrative tribunals – Labour and employment boards – Charter of Rights – Freedom of expression – Remedies – Charter relief British Columbia Public School Employers’ Association v. British Columbia Teachers’ Federation, [2005] B.C.J. No. 1719, British Columbia Court of Appeal, ...

A tenant (“Sullivan”) was successful in appealing the dismissal of her petition for judicial review of an arbitration decision that dismissed her claim to set aside a notice to terminate her tenancy. The arbitrator had dismissed Sullivan’s claim for failing to apply within the time limit. The Court of Appeal held that it was unfair of the arbitrator not to canvass the question of an extension of time with the lay litigant.

23. August 2005 0
Administrative law – Landlord and tenant – Residential tenancy agreements – Termination – Arbitration – Limitations – Extension of time – Judicial review – Natural justice – Procedural requirements and fairness Sullivan v. Strata Plan BCS-251, [2005] B.C.J. No. 1350, British Columbia Court of Appeal, June 17, 2005, Ryan, Mackenzie and Low JJ.A. In the course of ...

The Winnipeg Free Press (the “Free Press”) successfully challenged the decision of an arbitrator denying public access to the hearing of a grievance filed by officers of the Winnipeg police service (“WPS”). The court found that there was no evidentiary foundation for the arbitrator’s conclusion that “informant evidence” would form an integral part of the hearing and, therefore, the arbitrator had exceeded his jurisdiction by ordering that the hearing be held in camera.

23. November 2004 0
Administrative law – Police – Labour law – Arbitration – Hearings – Conduct of hearings – In camera hearings – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter – Decisions of administrative tribunals – Arbitration Board – Jurisdiction – Public interest Winnipeg Free Press v. Winnipeg (City), [2004] M.J. ...

Two probationary officers in the Saskatoon Police Service were dismissed by the Chief of Police as being unsuitable for police service after they committed plagiarism while at Police College. Their Union sought to grieve the dismissals under the collective bargaining agreement. The Employer under the collective agreement, the Saskatoon Board of Police Commissioners, took the position that it lacked the jurisdiction to deal with the grievances because they dealt with discipline issues rather than employer-employee issues. A board of arbitration found the grievances to be arbitrable, and the Chief of Police successfully appealed. The issue on appeal was whether the arbitration board had correctly found that it had jurisdiction to deal with the grievances.

23. March 2004 0
Administrative law – Police – Penalties and suspensions – Plagiarism at police college – Labour law – Arbitration – Collective agreements – Jurisdiction of labour arbitrator to hear disciplinary grievances – Decisions of administrative tribunals – Police Commission – Jurisdiction – Judicial review – Standard of review – Reasonableness simpliciter Saskatoon (City) Police Force v. Saskatoon (Police Commission), ...

An employee of Canpar Industries suffered an off-work injury and received long-term disability benefits paid by a plan provided by the employer in accordance with a collective agreement. The employer ultimately dismissed the employee, and the employee grieved his dismissal, saying that it was a violation of the collective agreement and essentially a matter of discrimination based on disability under the Human Rights Code. The employer objected to the jurisdiction of a labour arbitrator to hear that grievance, and the arbitrator ultimately dismissed the employer’s objection that he did not have jurisdiction to address the issue of accommodation with respect to disability and the Human Rights Code. Canpar Industries appealed to the British Columbia Court of Appeal. The British Columbia Court of Appeal held that where a collective agreement is silent regarding the application of human rights principles and the essence of the grievor’s case is that he has been discriminated against by reason of disability, an arbitrator acting under the Labour Relations Code, R.S.B.C. 1996 c. 244 may take jurisdiction over the grievance.

27. January 2004 0
Administrative law – Labour law – Arbitration – Collective agreements – Jurisdiction of labour arbitrator to hear human rights complaints – Human rights complaints – Discrimination – Judicial review – Jurisdiction – Standard of review – Correctness Canpar Industries v. International Union of Operating Engineers, Local 115, [2003] B.C.J. No. 2577, British Columbia Court of Appeal, November ...