Non-parties to an arbitration agreement were not bound by the agreement, but instead were bound by the Arbitration Act, 1991 S.O. 1991, c.17

18. May 2021 0
Administrative law – Decisions reviewed – Arbitration Board – Judicial review – Jurisdiction – Appeals – Standard of review – Reasonableness – Arbitration and award – Right to award costs Bergmanis v. Diamond, [2021] O.J. No. 1585, 2021 ONSC 2375, Ontario Superior Court of Justice, March 26, 2021, W.S. Chalmers J. Pursuant to a Personal ...

International arbitration award from New York was recognized and enforced in Ontario, despite party’s argument that it was not yet “binding” within the meaning of the Model Law as they still intended to argue issues of costs before the arbitrator

18. September 2018 0
Administrative law – Commercial Arbitrations – Arbitration and Award – Enforcement of Foreign Award – Judicial review – Appeals – Compliance with legislation – Standard of review – Correctness Popack v. Lipszyc, [2018] O.J. No. 3716, 2018 ONCA 635, Ontario Court of Appeal, July 12, 2018, D.H. Doherty, D.M. Brown and I.V.B. Nordheimer JJ.A. Popack ...

Applying administrative law principles Ontario Court of Appeal confirmed insurance arbitrator’s decision was unreasonable

26. October 2016 0
Administrative law – Judicial review – Administrative decisions – Arbitration and award – Unreasonableness – Appeals – Standard of review – Correctness – Reasonableness simpliciter – Evidence Intact insurance Co. v. Allstate Insurance Co. of Canada, [2016] O.J. No. 4113, 2016 ONCA 609, Ontario Court of Appeal, August 4, 2016, R.J. Sharpe, H.S. LaForme and ...

BC Court of Appeal permitted the respondent leave to appeal a commercial arbitrator’s decision. The Arbitration Act only allows leave to appeal on questions of law, and the court determined that the question raised by the respondent was one of law, since it related to contractual interpretation and whether something was or reasonably ought to have been within the common knowledge of the parties at the time of the execution of the contract. The Supreme Court of Canada ruled that contractual interpretation issues involving mixed fact and law, such as whether something was or reasonably ought to have been within the common knowledge of the parties at the time of the execution of the contract, are properly questions of fact. Accordingly, as the respondent’s appeal was based on a question of fact and not law, it should not have been granted leave. The appellant’s appeal was allowed.

23. September 2014 0
Administrative law – Decisions of administrative tribunals – Arbitration Board – Arbitration and award – Judicial review – Appeals – Leave to appeal – Test – Compliance with legislation – Jurisdiction of court – Standard of review – Reasonableness simpliciter Sattva Capital Corp. v. Creston Moly Corp., [2014] S.C.J. No. 53, 2014 SCC 53, Supreme ...

Court remitted an arbitrator’s decision regarding a dispute of transfer of fishing licences to be heard by a different arbitrator

19. August 2014 0
Administrative law – Decisions of administrative tribunals – Arbitration and award – Interpretation of contract – Fisheries – Licences – Judicial review – Evidence – Standard of review – Reasonableness simpliciter – Failure to provide reasons Layman Estate v. Layman, [2014] N.J. No. 181, 2014 NLTD(G) 66, Newfoundland and Labrador Supreme Court, June 20, 2014, ...

A party to a settlement (Mr. D’Ettorre) applied for judicial review of a decision made by a “delegate” from the Financial Services Commission of Ontario. The Delegate held that an assignment of Statutory Accident Benefits was not valid. The Respondent, Coachman Insurance Company, succeeded in having the application for review dismissed.

23. October 2012 0
Administrative law – Decisions of administrative tribunals – Financial Services Commission – Arbitration and award – Judicial review – Compliance with legislation – Statutory provisions – Interpretation – Remedies –  Damages – Assignment – Validity – Settlements – Trial – Definition D’Ettorre v. Coachman Insurance Co., [2012] O.J. No. 4443, 2012 ONSC 3613, Ontario Superior ...

The appellant, Yugraneft Corp., appealed a decision of the Alberta Court of Appeal, which unanimously upheld a judgment of the Alberta Court of Queen’s Bench. The Queen’s Bench decision found Yugraneft’s application to enforce an arbitral award from a Russian tribunal was barred by the provisions of the Limitations Act of Alberta. The Supreme Court of Canada dismissed Yugraneft’s appeal.

22. June 2010 0
Administrative law – Decisions of administrative tribunals – International Commercial Arbitration Court – Arbitration and award – Judicial review – Compliance with legislation – Limitations Yugraneft Corp. v. Rexx Management Corp., [2010] S.C.J. No. 19, 2010 SCC 19, Supreme Court of Canada, May 20, 2010, McLachlin C.J. and Binnie, LeBel, Deschamps, Fish, Abella, Charron, Rothstein ...

A judge in chambers was not entitled to substitute his view of good business sense or to consider the weight to be given to evidence in setting aside a decision of an abritrator in a commercial dispute where the parties to the dispute had agreed in advance that the decision would be “final and binding”

22. April 2008 0
Administrative law – Arbitration and award – Decisions of administrative tribunals – Arbitration Board – Jurisdiction of court – Compliance with legislation – Evidence Weyerhaeuser Co. v. Hayes Forest Services Ltd., [2008] B.C.J. No. 108, British Columbia Court of Appeal, January 24, 2008, R.T.A. Low, P.D. Lowry and E.C. Chiasson JJ.A. Two companies, Weyerhaeuser Company ...

The Court allowed a petition to remove an arbitrator of an underinsured motorist protection arbitration and vacate the rulings and orders made by the arbitrator from the time of his appointment to the present, on the grounds that there existed a reasonable apprehension of bias given that the arbitrator and his law firm had an ongoing contractual and financial relationship with the Insurance Corporation of British Columbia (“ICBC”) who was the Respondent in the arbitration. Although there was evidence that counsel for the Petitioners had some knowledge of the arbitrator or his firm’s previous relationship with ICBC, it was not sufficient to establish waiver.

22. January 2008 0
Administrative law – Insurance Corporation of British Columbia – Mandatory arbitration – Arbitration and award – Conflict of interest – Judicial review – Natural justice – Bias Tepei v. Insurance Corporation of British Columbia, [2007] B.C.J. No. 2516, British Columbia Supreme Court, November 26, 2007, A.F. Cullen J. The Petitioners, passengers in a motor vehicle ...