When does a judicial review involve a matter of contractual interpretation?
Newfoundland and Labrador, Canada
The following excerpt is from Newfoundland and Labrador Association of Public and Private Employees v. Newfoundland and Labrador (Treasury Board), 2018 NLSC 189 (CanLII):
When a judicial review involves a matter of contractual interpretation, our Court of Appeal in Layman v. Layman Estate, 2016 NLCA 13, at paragraph 23, has confirmed that the real questions which I must ask myself are: 1. Whether in light of the record before him, the reasons reveal that the arbitrator chose an interpretation of the Contract that its words could bear. 2. Whether the interpretation chosen by the arbitrator was justifiable in light of the facts and the law, even if there were competing interpretations. General
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