Can an arbitrator make a mistake in reaching a conclusion that the respondent breached guideline 3.8 of the Regulations Regulations?
Alberta, Canada
The following excerpt is from Brewery Employers Industrial Relations Association v. Western Union of Brewery, Beverage, Winery and Distillery Workers, Local 287, 1989 ABCA 305 (CanLII):
Counsel for the respondent contends, incorrectly, that in reaching his conclusion the arbitrator misconstrued guideline 3.8 of the regulations. He argues on the basis of McLeod v. Egan, (1974) 1974 CanLII 12 (SCC), 46 D.L.R. (3d) 150 (S.C.C.) that judicial deference will not extend to an arbitrator who makes a mistake in interpreting a statute or general law. This principle cannot be disputed, but it has no application in this case because no such mistake is shown.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will the Respondent be liable for defamation if his agent published an article without the knowledge, understanding and consent of Respondent's agents? (Alberta, Canada)
Is a breach of a court order a tort for breach of the statute or common law? (Alberta, Canada)
Does a grievor have to proceed to arbitration in response to his demand that his grievance be advanced to arbitration? (Alberta, Canada)
Does a term in the lease stating that a breach by the tenant is determined upon any breach of the lease constitute a proviso for re-entry? (Alberta, Canada)
Can a properly instructed jury, acting judicially, reach the same conclusion as the trial judge? (Alberta, Canada)
Where someone who is not the client gives information to a lawyer, and expects the lawyer to hold it in confidence, what analysis is needed to reach the conclusion? (Alberta, Canada)
Can a motion for a declaration proceed in the absence of any other remedy for the respondents in the context of a breach of their Charter of Charter Rights? (Alberta, Canada)
In what circumstances will an arbitrator be found to have misconduct during the course of an arbitration? (Alberta, Canada)
Can an employee who has served as an employee of a bankrupt subsidiary of a corporation for more than a decade be held liable for breach of contract by that bankrupt subsidiary? (Alberta, Canada)
What is the test for a shareholder to sue for breach of duty owed to the company? (Alberta, Canada)
