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Word of the Week | Reasonableness

Muskrat Falls Employers' Association Inc. v. Resource Development Trades Council of Newfoundland and Labrador | 2018 NLSC 182 | Newfoundland and Labrador Supreme Court


“Reasonableness” [in context of judicial review of decision of labour arbitrator] is a deferential standard that does not equate to the standard of appellate review that is applied to decisions of this Court. It is designed to recognize two fundamental principles. Firstly, that within specialized fields such as labour relations, tribunals and arbitrators have particular expertise over the subject matter and secondly, that dispute resolution is intended to be conducted expediently. Application of the “reasonableness” standard requires judges of superior courts to exercise restraint ...
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