Hyperlawhypertext legal database Dickson et al. v. Her Majesty in Right of the Province of New Brunswick [1979] 2 SCR 13

← Cases

Dickson et al. v. Her Majesty in Right of the Province of New Brunswick

[1979] 2 SCR 13 Court SCC Decision date 1979-05-24 English

PartiesDonald Dickson, Grievor, and The New Brunswick Teachers’ Federation, Bargaining Agent Appellants·Her Majesty in Right of the Province of New Brunswick as represented by Treasury Board Respondent

Counsel (4)
Peter Mockler and Ray W. Dixon, for the appellants.
David M. Norman, Q.C., and Richard C. Speight, for the respondent.
Solicitors for the appellants: Hoyt, Mockler, Allen & Dixon, Fredericton.
Solicitor for the respondent: The Attorney General for New Brunswick, Fredericton.

Judges Martland, Ronald; Ritchie, Roland Almon; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; McIntyre, William Rogers

Decision 6–1 Majority (6) · MARTLAND J. (1)

On appeal from New Brunswick

Subjects Labour law

Contents

Majority

The judgment of the Court was delivered orally by

MARTLAND J.

MARTLAND J.—We cannot agree with the Court of Appeal that the interpretation placed by the adjudicator on art. 43.01 is one that it will not reasonably bear. The adjudicator was properly entitled to interpret it as he did. That being so, the Court was precluded by s. 101 of the Public Service Labour Relations Act from interfering with the finding of the adjudicator.
The appeal is allowed, the judgment of the Court of Appeal is set aside and the award of the
[Page 14]
adjudicator is restored. The appellant is entitled to his costs throughout.
Appeal allowed with costs.
Solicitors for the appellants: Hoyt, Mockler, Allen & Dixon, Fredericton.
Solicitor for the respondent: The Attorney General for New Brunswick, Fredericton.

Footnotes

  1. [1] (1978), 23 N.B.R. (2d) 392.
  2. [2] (1977), 23 N.B.R. (2d) 405.

Statutes and regulations cited

  • Unresolved citations
    • s. 101 of the Public Service Labour Relations Act