The commission has applied for judicial review of the decision based on two grounds. Part of the tribunal's finding was based on the fact that cases related to section 13 are not as often subject to settlement by mediation as other types of cases. This would be understandable. The ground of appeal relates to the fact that, in our submission, a statute can't be rendered unconstitutional by how an administrative agency that is part of that statute processes cases, and whether or not they're found to be mediate-able.
On October 26th, 2009. See this statement in context.