Can an arbitrator update caselaw presented to him or her?
Nova Scotia, Canada
The following excerpt is from Hyson v. Nova Scotia (Public Service LTD), 2016 NSSC 153 (CanLII):
The Respondent goes on to cite authority for the proposition that an arbitrator may update caselaw presented to him or her (see Greater Toronto Airport Authority v. Public Service Alliance Canada, Local 0004, 2011 ONSC 487, at paras. 71-73). Further, the Respondent refers to caselaw to the effect that a tribunal should be expected to use its background, experience, skill and specialized knowledge in analyzing and evaluating evidence.
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