What is the standard of correctness of a tribunal arbitrator's interpretation of common law?

Prince Edward Island, Canada


The following excerpt is from Charlottetown Police Assn. v. Charlottetown (City of), 1997 CanLII 4577 (PE SCAD):

The expert skill and knowledge exercised by an arbitrator in applying and interpreting a collective agreement does not usually extend to the interpretation of outside legislation or the common law. Accordingly, the arbitrator's decision on these matters is usually subject to the standard of correctness. An exception exists, however, where the legislation or principle of common law is . . . intimately connected with the mandate of the tribunal and is encountered frequently as a result. See: Toronto (City) Board of Education v. Ontario Secondary School Teachers Federation, District 15, supra, per Cory J. at para. 39.

Other Questions


What is the test for having an expert in the interpretation of the law at a tribunal? (Prince Edward Island, Canada)
If there are no common facts or legal issues of relatively sufficient importance to both proceedings, should the motion be dismissed? (Prince Edward Island, Canada)
What is the test for common-law partner support? (Prince Edward Island, Canada)
What is the appellate standard of review in a mixed fact matter? (Prince Edward Island, Canada)
Is a union required to investigate every grievance before taking it to arbitration? (Prince Edward Island, Canada)
What is the standard for assessing a person’s risk of injury in a motor vehicle accident? (Prince Edward Island, Canada)
What is the test for interpreting language in a will? (Prince Edward Island, Canada)
What is the common law characteristic of an office holder at pleasure that he has no right to a hearing? (Prince Edward Island, Canada)
What is the standard of proof for a finding of negligent investigation by a public police force? (Prince Edward Island, Canada)
In what circumstances will a court interpret as ambiguous? (Prince Edward Island, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.