Does a claim of ownership interest raise a true question of jurisdiction?
British Columbia, Canada
The following excerpt is from Zara v. Rudling, 2017 BCSC 161 (CanLII):
The petitioner argues that his assertion of an ownership interest raised a “true question of jurisdiction” and therefore the Arbitrator’s finding must be reviewed on a standard of correctness. He relies on the following language in Dunsmuir v. New Brunswick, 2008 SCC 9 at para. 59: 59 ... “Jurisdiction” is intended in the narrow sense of whether or not the tribunal had the authority to make the inquiry. In other words, true jurisdiction questions arise where the tribunal must explicitly determine whether its statutory grant of power gives it the authority to decide a particular matter. The tribunal must interpret the grant of authority correctly or its action will be found to be ultra vires or to constitute a wrongful decline of jurisdiction…
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