Does an arbitrator’s analysis of the definition of a Subpara-SIL Claim (b) fail to give effect to all words of the SIL Claim definition?

Manitoba, Canada


The following excerpt is from Darcis et al. v. Manitoba et al., 2012 MBCA 49 (CanLII):

66 To summarize, an analysis of the arbitrator’s reasoning demonstrates that she failed to give effect to all the words of the SIL Claim definition, particularly the words “regardless of where the damage or loss arose” in subpara. (b). She failed to consider the “qualifiers” that she identified early in her analysis and created a new qualifier for claims that may be made by those who qualify as ordinarily resident under subpara. (b). As a result, I cannot say that she provided the necessary justification for her conclusion. Nor can I say that her analysis is transparent or intelligible in the sense that “[t]ransparency requires a decision maker to clearly state the basis for the decision reached [and] [i]ntelligibility requires a decision maker to reach a result that clearly follows from the reasons provided” (Jakutavicius v. Canada (Attorney General), 2011 FC 311 at para. 31, 30 Admin. L.R. (5th) 30).

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