Can an order under review affect the jurisdiction of a tribunal or an arbitrator?

The applicants cite the court's decision in Way v. Deslauriers [See Note 2 below] in support of their position. In that case, the court found that the order under review simply maintained a certain arrangement between the parties pending the decision of a specialized tribunal under the legislation. The order under review did not impede or attempt to replace the decision-making or dispute-resolution jurisdiction of the tribunal or an arbitrator under the Act. The court found that all that had happened was the postponement of certain events pending the decision of the tribunal based on its belief that irreparable harm could be done to the defendants in that case. It was found that in the order under review, the court had not purported to decide any issues between the parties in a way that would reduce or limit the options available to the tribunal. The court observed that there are two key considerations with respect to whether or not a court should intervene in like circumstances, namely [at para. 22], "whether the . . . tribunal has the ability under the terms of its governing legislation . . . to deal with the dispute in question and whether the order that is sought from the court would have the impact of displacing the tribunal's jurisdiction or in some way limit its mandate and options."