Yukon Hospital Corp. v. Professional Institute of the Public Service of Canada, (1997) 88 B.C.A.C. 147 (YukCA)

JudgeCumming, Gibbs and Hall, JJ.A.
CourtCourt of Appeal (Yukon Territory)
Case DateMarch 07, 1997
JurisdictionYukon
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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