238 is a leading Supreme Court of Canada case on determining if a tribunal has the authority to hear a dispute, and more generally, the interpretation of section 96 of the Constitution Act, 1867.

Sobeys, a Nova Scotia grocery chain, dismissed Yeomans, an employee of ten years.

Namely, that the tribunal was encroaching on the exclusive jurisdiction of the Superior courts, granted by section 96 of the Constitution Act, 1867.

Justice Bertha Wilson, writing for the Court, held that the Act establishing the tribunal did not violate section 96 of the Constitution.

Analysis of section 96, Wilson states, involves a three-step test established in Re Residential Tenancies Act, 1979.