Supreme Court

Decision Information

Decision Content

SUPREME COURT OF NOVA SCOTIA

Citation: Nova Scotia (Transportation and Infrastructure Renewal) v. Nova Scotia Government and General Employees Union, 2010 NSSC 15

 

Date: 20100121

Docket: Hfx. 316791

Registry: Halifax

Between:

Her Majesty the Queen in the Right of the Province of Nova Scotia, representing the Department of Transportation and Infrastructure Renewal

Applicant

- and -

 

The Nova Scotia Government and General Employees Union and

William H. Kydd, Q.C.

Respondents

 

LIBRARY HEADING

 

Judge:                   The Honourable Justice David P.S. Farrar

 

Heard:                  November 25, 2009, in chambers, in Halifax, Nova Scotia

 

Subject:                Administrative Law - Labor Law - Industrial Relations - Collective Agreement Interpretation / Judicial Review - Jurisdiction of Adjudicator - Standard of Review

 

Summary:             The Applicant sought judicial review in the nature of certiorari quashing the  decision of an adjudicator whereby the adjudicator found that he retained jurisdiction to decide issues that arose after the determination of the original grievance. The Applicant submitted that  adjudicator  did not have jurisdiction.

 

Issue:          Did the adjudicator retain jurisdiction after the determination of the original grievance?

 

Result:                  The adjudicator did not retain jurisdiction. The application was allowed and an order in the nature of certiorari issued to quash the decision.

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