Yukon Hospital Corp. v. Professional Institute of the Public Service of Canada, (1997) 88 B.C.A.C. 147 (YukCA)
Judge | Cumming, Gibbs and Hall, JJ.A. |
Court | Court of Appeal (Yukon Territory) |
Case Date | March 07, 1997 |
Jurisdiction | Yukon |
Citations | (1997), 88 B.C.A.C. 147 (YukCA) |
Yukon Hosp. v. Prof. Institute (1997), 88 B.C.A.C. 147 (YukCA);
144 W.A.C. 147
MLB headnote and full text
Yukon Hospital Corporation (petitioner/respondent) v. Professional Institute of the Public Service of Canada (respondent/appellant)
(YU00340)
Indexed As: Yukon Hospital Corp. v. Professional Institute of the Public Service of Canada
Yukon Court of Appeal
Cumming, Gibbs and Hall, JJ.A.
March 7, 1997.
Summary:
The parties came to an impasse in negotiating a collective agreement. Pursuant to a Memorandum of Understanding, they applied to the federal Minister of Labour to refer the matter to arbitration. The Minister of Labour declined to appoint an arbitrator. The respondent invoked s. 10 of the Yukon Arbitration Act. The trial judge appointed an arbitrator. The appellant appealed, submitting that the Arbitration Act only applied to statutory arbitrations.
The Yukon Court of Appeal dismissed the appeal.
Arbitration - Topic 901
The submission - General - Application of Arbitration Act - The parties came to an impasse in negotiating a collective agreement - Pursuant to a Memorandum of Understanding, they applied to the federal Minister of Labour to refer the matter to arbitration - The Minister of Labour declined to appoint an arbitrator - The respondent invoked s. 10 of the Yukon Arbitration Act - The trial judge appointed an arbitrator - The appellant appealed, submitting that the Arbitration Act only applied to statutory arbitrations - The Yukon Court of Appeal dismissed the appeal.
Cases Noticed:
Ontario English Catholic Teachers' Association et al. v. Bishop (1976), 70 D.L.R.(3d) 56 (C.A.), agreed with [para. 6].
Statutes Noticed:
Arbitration Act, R.S.Y. 1986, c. 7, sect. 2 [para. 5]; sect. 10 [para. 2].
Counsel:
C. Chaichian, for the appellant;
R. Grant and D. Edinger, for the respondent.
This appeal was heard on March 7, 1997, at Vancouver, British Columbia, by Cumming, Gibbs and Hall, JJ.A., of the Yukon Court of Appeal. On March 7, 1997, Gibbs, J.A., delivered the following judgment orally for the court.
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