Sentences with phrase «standard of reasonableness governs»

Not exact matches

Meanwhile, the majority judgment as well as Binnie J. purport to be more deferential (reasonableness standard) as they see the question as concerning the arbitrator's interpretation of its governing legislation.

On the other hand, reasonableness is normally the governing standard where the question: (1) relates to the interpretation of the tribunal's enabling (or «home») statute or «statutes closely connected to its function, with which it will have particular familiarity»; (2) raises issues of fact, discretion or policy; or (3) involves inextricably intertwined legal and factual issues.

Another interesting aspect (solely from a Canadian point of view) is that Mactavish J. suggested (at para. 43) that the standard of review should be reasonableness, given that the Commission was interpreting its governing statute and should therefore be accorded deference.