JAMES v NORTHERN LAKES COLLEGE, 2012 ABQB 588

MARCEAU J

6.14: Appeal from master’s judgment or order

Case Summary

Upon the Application of the Defendants, the Master summarily dismissed the Plaintiff’s Action. The Plaintiff Appealed the Master’s Decision, which was based on the finding that the Court had no jurisdiction over the essential character of the dispute, because it was governed by a collective agreement between the parties and the Post-Secondary Learning Act, SA 2003, c P-19.5 (“PSLA”).

Marceau J. stated that the standard of review on Appeal of a Master’s Decision on all issues is correctness. Marceau J. reviewed the relevant facts and law and held that the Master made no error of law or fact, and dismissed the Appeal.

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