Dickson et al. v. Her Majesty in Right of the Province of New Brunswick, [1979] 2 SCR 13

Supreme Court of Canada

Dickson et al. v. Her Majesty in Right of the Province of New Brunswick, [1979] 2 S.C.R. 13

Date: 1979-05-24

Donald Dickson, Grievor, and The New Brunswick Teachers’ Federation, Bargaining Agent Appellants;

and

Her Majesty in Right of the Province of New Brunswick as represented by Treasury Board Respondent.

1979: May 24.

Present: Martland, Ritchie, Pigeon, Dickson, Beetz, Estey and McIntyre JJ.

ON APPEAL FROM THE SUPREME COURT OF NEW BRUNSWICK, APPEAL DIVISION

Labour law—Public service labour relations—Arbitration—Interpretation.

APPEAL from a judgment of the Supreme Court of New Brunswick, Appeal Division[1], allowing an appeal from a decision of Dickson J., of the Queen’s Bench Division[2], dismissing an application for an order of certiorari in the matter of a decision of an arbitrator under the Public Service Labour Relations Act. Appeal allowed, award of adjudicator restored.

Peter Mockler and Ray W. Dixon, for the appellants.

David M. Norman, Q.C., and Richard C. Speight, for the respondent.

The judgment of the Court was delivered orally by

MARTLAND J.—We cannot agree with the Court of Appeal that the interpretation placed by the adjudicator on art. 43.01 is one that it will not reasonably bear. The adjudicator was properly entitled to interpret it as he did. That being so, the Court was precluded by s. 101 of the Public Service Labour Relations Act from interfering with the finding of the adjudicator.

The appeal is allowed, the judgment of the Court of Appeal is set aside and the award of the

[Page 14]

adjudicator is restored. The appellant is entitled to his costs throughout.

Appeal allowed with costs.

Solicitors for the appellants: Hoyt, Mockler, Allen & Dixon, Fredericton.

Solicitor for the respondent: The Attorney General for New Brunswick, Fredericton.