SUPREME COURT OF NOVA SCOTIA
Citation: Nova Scotia (Public Service Commission) v. Nova Scotia Government and General Employees Union, 2012 NSSC 373
Date: 20120820
Docket: SH No. 370199
Registry: Halifax, NS
Between:
Her Majesty the Queen in the Right of the Province of Nova Scotia, representing the Public Service Commission
Applicant
and
Nova Scotia Government and General Employees Union and Civil Service Classification Appeal Tribunal
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Patrick J. Murray
Heard: February 21, 2012 in Halifax, N.S.
Written
Decision: August 20, 2012
Subject: Judicial Review; Administrative Law
Summary: The Applicant Province requested Judicial Review of a Decision of the Nova Scotia Classification Appeals Tribunal, which determined the number and dates of Appeals to be heard before the Tribunal.
Issues: Whether Tribunal’s Decision involved a true question of jurisdiction or “vires”? What is appropriate standard of review? Should Decision stand?
Result: Whether there was a true question of jurisdiction, was unclear. Standard of Review found to be one of correctness following analysis. Decision of Tribunal found to be correct and therefore, upheld. Application dismissed.
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