Does the fact that the award is worded as a award of three or more is not fatal?

Yukon, Canada


The following excerpt is from Yukon College v. Yukon (Human Rights Board of Adjudication), 2011 YKSC 90 (CanLII):

And at para. 31: The fact that the award is worded as an award of three and not as an award of a majority of them is not fatal and any words to the effect that it was an award of all may be treated as surplusage: See White v. Sharp, supra.

Blattgerste v. Heringa, 2008 BCCA 186, 82 B.C.L.R. (4th) 62 is helpful in illustrating the principle that it is not wise to search for evidence of when a judge may have made a decision. One of the issues dealt with was that the judge who heard the petition (for winding up of two companies) died before signing the reasons for judgment he had prepared. They were ultimately released by the Chief Justice posthumously. At paras. 19 and 21, Mr. Justice Frankel wrote:

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