Evanishen and Canadian Paperworkers Union, Local 1120 v. Prince Albert Pulp Co., (1980) 1 Sask.R. 320 (CA)

• Judge: Brownridge, Hall and Bayda, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: January 11, 1980
• Jurisdiction: Saskatchewan
• Citations: (1980), 1 Sask.R. 320 (CA)

Evanishen v. Prince Albert Pulp Co. (1980), 1 Sask.R. 320 (CA)

MLB headnote and full text

Evanishen and Canadian Paperworkers Union, Local 1120 v. Prince Albert Pulp Co. Ltd.

(No. 7221)

Indexed As: Evanishen and Canadian Paperworkers Union, Local 1120 v. Prince Albert Pulp Co.

Saskatchewan Court of Appeal

Brownridge, Hall and Bayda, JJ.A.

January 11, 1980.

Summary:

This case arose out of a grievance pursuant to the terms of a collective agreement. The grievor was hired in 1968. In June 1976 the grievor's employment was terminated due to a physical disability. The grievor was again employed by the company in July 1978. The grievor filed a grievance on the basis that his employment was unjustly terminated in June of 1976. The grievance was referred to an arbitrator. The arbitrator upheld the grievor's grievance and ordered that the grievor "be reinstated as an employee ... with full benefits and seniority". The company revised its records to show that the grievor's service record commenced in June 1968. However, the grievor claimed disability benefits from June 1976 to July 1978. The grievor applied to the Saskatchewan Court of Queen's Bench for an assessment of damages due under the arbitration award and for an order to enforce the arbitration award.

The Saskatchewan Court of Queen's Bench remitted the award to the arbitrator for the arbitrator to interpret the words "full benefits". The judgment of the Court of Queen's Bench is set out below at paragraphs 11 to 28. The company appealed to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal allowed the appeal and set aside the remittal of the award to the arbitrator. The Court of Appeal held that an award should not be remitted to an arbitrator on a question which was not before the arbitrator - See paragraph 9.

Arbitration - Topic 8574

Judicial review - Practice, remittal of award to arbitrator - Circumstances when remittal not appropriate - The Saskatchewan Court of Appeal held that an award should not be remitted to an arbitrator on a question which was not dealt with or was not before the arbitrator - See paragraph 9.

Statutes Noticed:

Rules of Court (Sask.), rule 261 [para. 18].

Arbitration Act, R.S.S. 1965, sect. 11 [para. 16].

Counsel:

D.K. MacPherson, Q.C., for the appellant;

Gwen K. Randall, for the respondent.

This appeal was heard by BROWNRIDGE, HALL and BAYDA, JJ.A., of the Saskatchewan Court of Appeal.

The judgment of the Court of Appeal was delivered by BROWNRIDGE, J.A., at Regina, Saskatchewan, on January 11, 1980.