APPEALS AND JUDICIAL REVIEW - Bars

Law360 Canada ( February 25, 2021, 6:19 AM EST) -- Appeal by Pelletier from a preliminary ruling finding she lacked standing to apply for judicial review. The appellant was dismissed from her employment with the province in 2018 for cause. Her union unsuccessfully grieved the dismissal before a labour adjudicator. The union did not pursue the matter further. The province consented to an initial extension of time for the appellant to seek judicial review. A motion by the appellant sought a further extension. The judge dismissed the motion on the basis the appellant lacked standing to seek judicial review, as the union rather than the appellant was the appropriate party before the adjudicator under the collective agreement and no natural justice issues were engaged. In any event, the judge would have denied an extension of time based on the principle of finality in the public decision-making process. Pelletier appealed....
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