Coates v. Sharp et al.

• Jurisdiction: Nova Scotia
• Court: Court of Appeal of Nova Scotia (Canada)
• Judge: Fichaud, Beveridge and Farrar, JJ.A.
• Citation: 2013 NSCA 52,(2013), 329 N.S.R.(2d) 264 (CA)
• Date: 28 March 2013

Coates v. Sharp (2013), 329 N.S.R.(2d) 264 (CA);

    1042 A.P.R. 264

MLB headnote and full text

Temp. Cite: [2013] N.S.R.(2d) TBEd. MY.003

Rosanne Coates (appellant) v. Brian Sharp (Review Officer of Nova Scotia Labour Board), Nova Scotia Labour Board, and Nova Scotia Government and General Employees Union (respondents)

(CA 407885; 2013 NSCA 52)

Indexed As: Coates v. Sharp et al.

Nova Scotia Court of Appeal

Fichaud, Beveridge and Farrar, JJ.A.

May 1, 2013.

Summary:

The Capital District Health Authority dismissed Coates from her employment as a nurse. Her union filed a grievance and referred the matter to arbitration. After the arbitration hearing had begun, the union discontinued the arbitration because of what it described as Coates' uncooperative attitude. Coates filed complaints with the Nova Scotia Labour Board alleging that the union had breached its statutory duty of fair representation (DFR) and committed an unfair practice under the Trade Union Act. The Labour Board's Review Officer dismissed the DFR complaint without a hearing before the Labour Board because Coates had not exhausted her internal union appeal process against the arbitration's discontinuance. The Labour Board then dismissed her unfair practice complaint as being a reiteration of the dismissed DFR complaint. Coates sought judicial review of the dismissals of her complaints.

The Nova Scotia Supreme Court, in a decision reported at 321 N.S.R.(2d) 32; 1018 A.P.R. 32, dismissed the application, holding that the Review Officer's and Labour Board's decisions satisfied the reasonableness standard. Coates appealed.

The Nova Scotia Court of Appeal dismissed the appeal.

Labour Law - Topic 576

Labour relations boards and judicial review - Judicial review - Standard of review - The Capital District Health Authority dismissed Coates from her employment as a nurse - Her union filed a grievance and referred the matter to arbitration - After the arbitration hearing had begun, the union discontinued the arbitration because of what it described as Coates' uncooperative attitude - Coates filed complaints with the Nova Scotia Labour Board alleging that the union had breached its statutory duty of fair representation (DFR) and committed an unfair labour practice (ULP) under the Trade Union Act - The Labour Board's Review Officer, acting under s. 56A of the Act, dismissed the DFR complaint without a hearing before the Labour Board because Coates had not exhausted her internal union appeal process against the arbitration's discontinuance (Act, s. 55(3)) - The Labour Board then dismissed her ULP complaint as being a reiteration of the dismissed DFR complaint - Coates sought judicial review - The Supreme Court dismissed the application, holding that the Review Officer's and Labour Board's decisions satisfied the reasonableness standard - Coates appealed - The Nova Scotia Court of Appeal dismissed the appeal - This was the first decision where a Nova Scotia court had conducted a standard of review analysis of a Review Officer's decision under the recently enacted s. 56A - Thus a standard of review analysis was appropriate - The court held that the applicable standard was reasonableness and the Review Officer's decision was reasonable - Further, the Labour Board's decision to dismiss the ULP complaint rather than permit it to be withdrawn was reasonable where the union had showed "special circumstances" - See paragraphs 37 to 59.

Labour Law - Topic 2707

Unions - Duties - To represent members of bargaining unit - Remedies - [See Labour Law - Topic 576 ].

Cases Noticed:

Dr. Q., Re, [2003] 1 S.C.R. 226; 302 N.R. 34; 179 B.C.A.C. 170; 295 W.A.C. 170; 2003 SCC 19, refd to. [para. 37].

Casino Nova Scotia v. Labour Relations Board (N.S.) et al. (2009), 273 N.S.R.(2d) 370; 872 A.P.R. 370; 2009 NSCA 4, refd to. [para. 38].

Cape Breton Island Building & Construction Trades Council et al. v. Nova Scotia Power Inc. et al. (2012), 322 N.S.R.(2d) 159; 1021 A.P.R. 159; 2012 NSCA 111, refd to. [para. 38].

New Brunswick (Board of Management) v. Dunsmuir, [2008] 1 S.C.R. 190; 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 38].

Canadian Union of Public Employees, Local 2434 et al. v. Port Hawkesbury (Town) et al. (2011), 301 N.S.R.(2d) 123; 953 A.P.R. 123; 2011 NSCA 28, refd to. [para. 41].

Halifax (Regional Municipality) v. Canadian Union of Public Employees, Local 108 (2011), 303 N.S.R.(2d) 156; 957 A.P.R. 156; 2011 NSCA 41, refd to. [para. 41].

Alberta Teachers' Association v. Information and Privacy Commissioner (Alta.) et al., [2011] 3 S.C.R. 654; 424 N.R. 70; 519 A.R. 1; 539 W.A.C. 1; 2011 SCC 61, refd to. [para. 42].

Newfoundland and Labrador Nurses' Union v. Newfoundland and Labrador (Treasury Board) et al., [2011] 3 S.C.R. 708; 424 N.R. 220; 317 Nfld. & P.E.I.R. 340; 986 A.P.R. 340; 2011 SCC 62, refd to. [para. 46].

Jivalian v. Nova Scotia (Department of Community Services) (2013), 323 N.S.R.(2d) 395; 1025 A.P.R. 395; 2013 NSCA 2, refd to. [para. 46].

Statutes Noticed:

Trade Union Act, R.S.N.S. 1989, c. 475, sect. 56A [para. 20].

Counsel:

Rosanne Coates, appellant in Person;

Raymond Larkin, Q.C., for the respondent, Nova Scotia Government and General Employees Union;

Edward A. Gores, Q.C., for the respondent, Brian Sharp and the Nova Scotia Labour Board, not appearing.

This appeal was heard in Halifax, N.S., on March 28, 2013, by Fichaud, Beveridge and Farrar, JJ.A., of the Nova Scotia Court of Appeal. Fichaud, J.A., delivered the following reasons for judgment for the court on May 1, 2013.