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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