Brazeau County intends to continue with its case in a funding dispute with the town of Drayton Valley. A judge has ruled that the County can proceed with an application for a judicial review of an arbitrator’s decision over recreation funding. However, the scope of that review appears to be limited.
The County and the Town are in dispute over the cost of operation of recreational facilities such as the Omniplex, which are located in the town, but are used by residents of both municipalities. Earlier this year the arbitrator, Robert McBean QC, ruled that those costs should be shared on a 50/50 basis.
In a written decision dated June 28, Court of Queen’s Bench Justice Kent Davidson ruled that the County was unable to appeal the decision of the arbitrator, since arbitrator’s decisions are not appealable.
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However, he did allow for the possibility of a judicial review. Under a judicial review, a judge will focus on determining whether the arbitrator had the authority to make the decision he arrived at. A judicial review does not provide an opportunity for either party to reargue the case.
“The scope of a possible review of an arbitrator’s decision under the (Municipal Government Act) would appear much more limited than that to which the (County) aspire,” Davidson wrote. “An arbitrator’s decision is stated in the MGA to be reviewable only in respect of jurisdictional errors.”
The arbitrator in this case was appointed by the Minister of Municipal Affairs.
As a secondary issue, as part of the June 28 judgment, Justice Davidson ruled that the County had left it too late to appeal the arbitrator’s decision to include the Early Childhood Development Centre in his findings.
“The Arbitrator’s preliminary decision on the matter of his own jurisdiction ought to have been appealed with 30 days of the Arbitrator having rendered his decision,” he wrote. “To the extent that the application for judicial review (or appeal) concerns a review of the Arbitrator’s decision on his jurisdiction to consider the ECDC, the application is out of time.”
On Wednesday morning spokesperson Ken MacInnis confirmed that the County intended to continue with the appeal process.
