The B.C. Court of Appeal recently confirmed that the Supreme Court of British Columbia does not have jurisdiction to review a decision of an arbitrator under the Labour Relations Code.
The Code specifically provides for two avenues of appeal of arbitration decisions: the Labour Relations Board and the Court of Appeal. Though the Codedoes not provide for judicial review by the Supreme Court, the court has taken jurisdiction in the past based on the inherent authority of the court.
The Court of Appeal clearly indicated that these previous decisions were in error and confirmed that there are only two avenues for appealing arbitration decisions. Harris & Company was counsel for the successful respondent school district in this matter.
Stark v. Vancouver School District No. 39, [2006] B.C.C.A. 124