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ARTICLE · 01 AUGUST 2024

Arbitrations In An Administrative Law Context: Reasonableness And An Arbitrator's Jurisdiction

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The Alberta Court of King's Bench ("Court") addressed the reasonableness review of an arbitrator's jurisdiction in Woodlands and Brazeau. In Woodlands, the Court applied the reasonableness...

CanadaLitigation, Mediation & Arbitration
Ricki T. Johnston
Ricki T. Johnston
Emily McCartney
Emily McCartney
Nana Asante
Nana Asante
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Woodlands (County) v Whitecourt (Town), 2024 ABKB 388 (“Woodlands”) and Brazeau (County) v Drayton Valley (Town), 2024 ABKB 445 (“Brazeau”)

The Alberta Court of King's Bench ("Court") addressed the reasonableness review of an arbitrator's jurisdiction in Woodlands and Brazeau. In Woodlands, the Court applied the reasonableness standard from Vavilov for administrative tribunals, as the Arbitrator's role under Part 17.2 of the Municipal Government Act ("MGA") was akin to that of a tribunal. In Brazeau, the Court reaffirmed that jurisdictional determinations made by an arbitrator are reviewed for reasonableness, barring the exceptions outlined in Vavilov.

Woodlands

In Woodlands, the Court dismissed Woodland County's application for judicial review, varying the Arbitrator's Award on one point arising from authority decided after the Arbitrator issued her award. The dispute involved amounts each municipality should pay for shared infrastructure and services and

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