Ontario Civil


Arbitration

AWARD
Appeal really about whether arbitrator applied proper contractual legal principles

Application for leave to appeal arbitration award and supplementary award. Section 45(1) of Arbitration Act, 1991 (Ont.), provides that if arbitration agreement did not deal with question of law, party may only appeal on question of law, with leave. Applicant claimed that arbitrator’s errors arose as pure questions of law. Respondent characterized errors as questions of mixed fact and law, for which no appeal was permitted. Application allowed. Leave to appeal granted. Once all necessary factual findings were made, applying law to those facts became question of law. Appeal would really be about whether arbitrator applied proper contractual legal principles to facts as he found them in coming to his decision. Grounds of appeal reflected errors in law.

Zafir Holdings Inc. v. Grassmere Construction Ltd. (Mar. 27, 2013, Ont. S.C.J., Mesbur J., File No. CV-12-469468) 227 A.C.W.S. (3d) 16.

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