Supreme Court

Decision Information

Union of Northern Workers v Government of the Northwest Territories

Court Supreme Court
Date 1994-11-15
File numbers CV 05481
Judge(s) Vertes
Location Yellowknife
Cases and statutes considered Cases considered:
Re Regina City Policemen's Association et al. (1971), 24 D.L.R. (3d) 41 (Sask C.A )
Eastleigh Holdings Ltd. v. Wong (1981) 4 W.W.R 251 (Man QB)
Middlemass v. Hartlepool Corp. (1973) 1 All E.R. 172 (C.A.)
Stevenson & Cote "Civil Procedure Guide" (1992)
Jones & De Villars, "Principles of Administrative law" (1985)

Statutes considered:
Public Service Act, R.S.N.W.T. 1988, c. P-16
Arbitration Act, R.S.N.W.T. 1988, c. A-5
Decision information:

Abstract: The Union has applied for leave to enforce an arbitration award as an order of this Court. The Employer (GNWT) has applied to extend the time within which to apply to set aside the award. The employer took no steps within the 6 week time limit within which to bring an application
Decision: The application of the Union is denied as the Court determines that there is a real ground to question the validity of the award. Furthermore, the Court is not convinced that this particular award is capable of enforcement as it is akin to a continuing garnishment on behalf of individual employees at the end of each pay period. The employer's application is granted as there is minimal prejudice to the employees and notice had been given of the employer's intention to dispute the decision of the arbitrator on the basis that he exceeded his jurisdiction.
Subjects: Arbitration and mediation - Arbitration - Award - Enforcement

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