Does the Dunsmuir analysis change the standard of review?
Nova Scotia, Canada
The following excerpt is from Miners' Memorial Manor v. International Union of Operating Engineers, Local 968B, 2010 NSSC 464 (CanLII):
The Nova Scotia Court of Appeal decision in Nova Scotia Teachers Union v. Nova Scotia Community College 2006 NSCA 22 held that an arbitrator’s selection and application of the burden and standard of proof is subject to a correctness standard of review (at paragraph 31). In my opinion, the Dunsmuir analysis has not changed this standard of review. Analysis
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