Court of Appeal
Decision Information
Summary: Respondent employer filed statutory appeal in the Supreme Court and also sought an order in the nature of certiorari quashing the Board's decision. Supreme Court set aside the Board's decision on a point of law and then held it was not necessary to consider the application for judicial review. Appellant employee alleges court was in error not to also hear the employer's application for judicial review. Court of Appeal found that once the Supreme Court set aside the Board's decision, there was nothing left for the Supreme Court judge to review or quash.
Decision: Appeal dismissed
Appeal: Appellant alleges that hte court erred in not completing the requested judicial review after deciding the statutory appeal
Subjects: Administrative law - Judicial review of decisions
Decision Content
Marren v. Echo Bay Mines Ltd., 2000 NWTCA 6
Date: 2000 12 09
Docket: CA 00719
IN THE COURT OF APPEAL FOR THE NORTHWEST TERRITORIES
YELLOWKNIFE CIVIL SITTINGS
HEARD JUNE 21, 2000
______________________________________
COUNSEL TRIAL JUDGE COURT
MARK MARREN Austin F. Marshall Vancise J. Richard J.A.
Appellant Hunt J.A.
Schuler J.A.
-and-
ECHO BAY MINES LTD. Thomas W. Wakeling
Respondent
APPEAL #CA 00719
______________________________________________________________________________
MEMORANDUM OF JUDGMENT
______________________________________________________________________________
THE COURT:
[1] This Memorandum should be read in conjunction with our Reasons on appeal CA00720 filed concurrently.
[2] The Respondent employer launched a two-pronged attack against the decision of the Labour Standards Board:
(1) it filed a statutory appeal in the Supreme Court pursuant to s.53(4) of the Labour Standards Act, and
(2) it filed in the Supreme Court a separate application for judicial review seeking an order in the nature of certiorari quashing the Board s decision (an alternative remedy, in the event the Court ruled that the employer had no statutory right of appeal under s.53(4)).
[3] The Supreme Court judge held that the Respondent employer had a statutory right of appeal under s.53(4) and his determination of that appeal was to set aside the Board s decision on a point of law. (No appeal lies from this decision of the Supreme Court judge, as found by us on CA00720).
[4] The Supreme Court judge then held it was not necessary to consider the application for judicial review. The Appellant employee appeals from that decision not to hear the employer s application.
[5] There was nothing left for the Supreme Court judge to review/quash. Having set aside the Board s decision, that decision no longer existed. We fail to see any error by the trial judge.
[6] The appeal is dismissed with costs.
______________________
Richard J.A.
______________________
Hunt J.A.
______________________
Schuler J.A.
Dated at Yellowknife, NT,
this 12th day September 2000
CA 00719
IN THE COURT OF APPEAL FOR
THE NORTHWEST TERRITORIES
BETWEEN:
MARK MARREN
Appellant
- and -
ECHO BAY MINES LTD.
Respondent
MEMORANDUM OF JUDGMENT