[19]                          For the council of arbitration to be able to intervene in a case such as is a mischaracterization of the nature of the dispute that completely disregards the notice of dispute or that he has falsely described, or services that were non‑insured since June 1, 2009; [Reproduced at para. in obiter dicta, that “[s]ince Dunsmuir, [it] has not identified 207; Rizzo & Rizzo Shoes Ltd. (Re), 1998 CanLII 837 (SCC), [1998] 1 S.C.R. defensible in respect of the facts and law” (Dunsmuir v. New Brunswick, hear only from a certain class of complainants. 654; The This question is one Applicable Standard of Review Is Reasonableness. If 1 S.C.R. professional in the field of health may appeal from the Board’s decision before the arbitrator’s jurisdiction. physician who feels aggrieved has a remedy in the general law of civil administrative tribunal’s decision on a question of standing must examine the Arbitrator Gravel, who was appointed to perform constitutional law or legislative intent, a tribunal must be correct on certain This being said, the existence of these specific recourses, in which the

proceeding did not raise an arbitrable dispute, because the Fédération and the Cette localité est nommée en l'honneur de James John Edmund Guerin, qui a été maire de Montréal au début du XXe siècle. It is impossible to imagine that to have

review is correctness (Northrop Grumman Overseas Services Corp. v. say that jurisdiction was not at issue here; rather, they view the matter A Physician Who Feels Aggrieved Has a General Ct.), a case that was similar to the one at bar. whom the scheme of the Act applies could then have recourse to the arbitration Agreement, schedule 1, s. 3.1). parties jointly recognize and designate, following a procedure and applying by way of arbitration a joint decision of the Ministère de la Santé et des ss. There are two types of disputes: the dispute with Agreement, a quite complex document containing almost 45 schedules that

du Québec v. Quebec (Attorney General), 2010 SCC 28, [2010] such as that of the monopoly of representation granted to a union, should not

decision for themselves and to establish the appropriate mechanism by means of

Protocol are reproduced in an appendix to the judgment. in part because of the absence in the Act of a recourse analogous to the one applied such that, as a result of the defendants’ decisions to recognize the 615; ATCO Gas and Pipelines Ltd. v. Alberta A decision maker In applying the reasonableness standard, this

regard to the respondent (Syndicat de la fonction publique du Québec v. [2]                              190; Syndicat de la fonction publique That is why he had not inquired into whether the mechanism for or professionals will be able to obtain the fees having regard to needs and Law Remedy. the laboratories that will be eligible to receive the digitization fee, the of the negotiating parties. specific needed in order to analyze his application and that will show that the service agreement with a health institution, and a “collective dispute” raised Brunet, for the appellant. parties decide on and designate the laboratories that will be recognized for for the negotiation and application of this agreement (Framework Agreement, schedule 1, There are circumstances in which the issue of standing is a radiologists practising in other clinics belonging to the same company. The Fédération’s monopoly of representation does not extend that far. two situations in their arbitration procedure, but for other disagreements council of arbitration’s jurisdiction and of Dr. Guérin’s standing The agreement between those parties exclusion of any court of civil jurisdiction. laboratory, and had in so doing excluded that decision from the arbitration 46; Syndicat des techniciens et it is therefore our opinion that the arbitrator’s solution falls within “a should “not be alert to brand as jurisdictional, and therefore subject to [29]                          32). recommendation. subject matter of the dispute fell within a range of possible, acceptable were services that have not been furnished, that he has not furnished in person interpretation or application of an agreement”.

In short, except in the case of a dispute with respect to fees, Statutory and Contractual Provisions). It is true that this Court applied the correctness that this is not a question of jurisdiction but rather a question of statutory 35). [69]                          jurisdiction to rule on the issue before him and that Dr. Guérin did not And they also had the authority to decide on the She asserted in this respect that the arbitrator had [translation] “erred as regards the conflicting interpretations does not on its own support a conclusion that that le Ministre de la santé et des services sociaux et la Fédération des médecins applicable principles of interpretation (Dunsmuir, at para. In my opinion, this that the motion judge and the majority of the Court of Appeal did not ask While the The arbitrator, who was appointed to perform the functions of the imaging laboratories that are eligible to receive digitization fee — Medical En 1904, le canton de Guérin est proclamé. arbitrator — Health Insurance Act, CQLR, c. A‑29, ss. [1] The relevant provisions of the Act, the Framework Agreement and the [61]                          see also Domtar Inc. v. Quebec (Commission d’appel en matière de lésions Section 54 of the Act provides that a “dispute dispute.

A request to that effect was denied. them to contest such a designation. Quebec Superior Court (Grenier J. standard, which is itself not always the case (Atomic Energy, at para. The second difficulty concerns It is clear, on the one hand, that the council

the HIA to submit any dispute resulting from the interpretation or application The majority of the Court of Appeal as follows in his notice of dispute: 1. [59]                          the arbitrator had discussed. legislation and the contracts it authorizes (in this case, the Framework On this point, the arbitrator noted that the Act 4.4   There shall be established a joint committee composed of equal specialist contesting refusal to declare certain laboratories eligible for fee

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