SH No. 169144
IN THE SUPREME COURT OF NOVA SCOTIA
Cite as: Construction and Allied Union, Local 154 v. Nova Scotia (Labour Relations Board Construction Industry Panel), 2002 NSSC 2
CONSTRUCTION AND ALLIED UNION (CLAC), LOCAL 154 affiliated with THE CHRISTIAN LABOUR ASSOCIATION OF CANADA and THE CHRISTIAN LABOUR ASSOCIATION OF CANADA
APPLICANTS
- and -
LABOUR RELATIONS BOARD (NOVA SCOTIA) CONSTRUCTION INDUSTRY PANEL
RESPONDENT
- and -
360 CAYER LTEE
RESPONDENT
- and -
CONSTRUCTION MANAGEMENT BUREAU LIMITED
INTERVENOR
- and -
MAINLAND BUILDING AND CONSTRUCTION TRADES COUNCIL
INTERVENOR
LIBRARY HEADING
HEARD: Before the Honourable Justice Suzanne Hood at Halifax, Nova Scotia on
July 26, 2001
DECISION: January 3, 2002
SUBJECT: Judicial Review
SUMMARY: The Construction Industry Panel established pursuant to Part II of the Trade Union Act, R.S.N.S. 1989, c. 475 rendered a decision on an application for certification. The panel concluded that the applicant for certification was not a trade union within the meaning of s. 92(i) of the Trade Union Act. The applicant seeks to quash the decision of the panel.
ISSUES: 1. The standard of judicial review;
2. Applying the appropriate standard of review, should the decision of the Construction Industry Panel be quashed.
RESULT: Applying the Bibeault criteria, patent unreasonableness, not reasonableness simpliciter, is the standard of review. Decision not patently unreasonable.
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS COVER SHEET.