Arbitration Matters

December 19, 2025December 19, 2025

Chris Reflects (2025) – On Court finding that 30-day deadline under Arbitration Act applies to cross-appeals – #930

In Sinclair v. T.D.M.C. Holdings Ltd., 2025 BCCA 402, the Court held that the 30-day time limit in s. 60(1) of the Arbitration Act, SBC 2020, c. 2 (“Arbitration Act”) applies to all appeals from arbitral awards, including cross-appeals. The Court quashed the application of the respondents (“TDMC”) for leave to file a cross-appeal outside that statutory period. It rejected an interpretation that would have allowed reliance on the 15-day cross-appeal timeline in the Court of Appeal Rules(the “Rules”). In doing so, the Court underscored the jurisdictional primacy of the Arbitration Act over procedural rules but urged the Legislature to consider amending the Arbitration Act to provide for a separate timeline to file a cross-appeal to address practical concerns.

December 19, 2025December 19, 2025

Lindsay Reflects (2025) – On Third Parties in Arbitration – #929

Issues related to the involvement of third parties in arbitration can be particularly challenging in practice given that few Canadian court decisions address this topic. The purpose of this blog is to address the following three key issues related to third parties in arbitration:

Compelling third parties to arbitrate;
Joinder of third parties and consolidation; and
Obtaining evidence from third parties in arbitration.

December 19, 2025December 19, 2025

Timothy Reflects (2025) – The (Sometimes) Long Tail of Disclosure Disputes – #928

Document production is a third rail to many arbitration practitioners, and not a likely topic for an annual reflection blog! The risk of provoking memories (possibly distant, but still visceral) of sifting through dusty boxes or their digital equivalent may be, for many potential commentators, too great. Privilege logs, relevance, and redactions, oh my!

November 28, 2025November 28, 2025

Philippe’s Reflections (2025): Québec courts find exceptions to the competence-competence principle – #927

In 2025, Québec courts have grappled with the exceptions to the competence-competence principle. It requires that any challenge to the arbitrator’s jurisdiction must be resolved first by the arbitrator. Competence-competence has long been enshrined in the Model Law and New York Convention and is codified in Québec at art. 632 C.p.c. Its exceptions have been established by case law, but the practical application of what constitutes a “superficial analysis of the evidence on the record” allowing a court to rule directly on a mixed question or law and fact rather than referring the matter to the arbitrator has resulted in different outcomes in 2025. As set out below, courts often apply the competence-competence principle, or one if its exceptions, by stating that either a superficial analysis is sufficient – or not – to resolve the matter, but without explaining their reasoning as to how this conclusion is reached.

November 28, 2025November 28, 2025

Stephanie’s Reflections (2025): The Battle of the Standards of Review – #926

The standard of review for an appeal of a commercial arbitration award has been a topic of debate since the release of the administrative law decision of Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65 [Vavilov]. Since then, lower courts in Canada have grappled with two opposite interpretations: the first, that the standard of review analysis in Vavilov applies to commercial arbitrations, and the second, that the standard of review for commercial arbitration awards is reasonableness, as established in Sattva Capital Corp v Creston Moly Corp, 2014 SCC 53 [Sattva] and Teal Cedar Products Ltd v British Columbia, 2017 SCC 32 [Teal Cedar].

November 28, 2025November 28, 2025

Rebecca’s Reflections (2025): Vento and the Hard-Line Consequences of Reasonable Apprehension of Bias – #925

Over the last couple of years, arbitration practitioners across the country have had their eyes on the Ontario courts, which have considered several cases on the issue of reasonable apprehension of bias. For this reason, I’ve chosen to focus on Vento Motorcycles, Inc. v Mexico, 2025 ONCA 82, as a year-end reflection for 2025. Vento is an important reminder of the centrality of arbitrator independence to the institution of arbitration, and how its absence (whether real or perceived) can crumble the foundation of the arbitration process.

November 5, 2025November 5, 2025

BC – BPCPA amendments prohibiting arbitration agreements in consumer contracts retrospective not retroactive – #924

In Vandenbosch v Rogers Communications Canada Inc, 2025 BCSC 1199, the Court granted both defendants’ applications to stay court proceedings in favour of arbitration. The stay against the primary defendant was granted, even though the arbitration clause was contained in a consumer contract. The Court considered recent amendments to BC’s Business Practices and Consumer Protection Act, SBC 2004, c. 2 (“BPCPA”) prohibiting arbitration clauses in consumer contracts, which came into force during a continuance of the hearing of the defendants’ stay applications. The Court found that the amendments had a retrospective effect on future disputes arising under contracts concluded prior to the amendments, but not a retroactive effect on disputes arising from facts occurring prior to the amendments. Accordingly, the BPCPA amendmentsdid not apply to the plaintiff’s action, which was based on claims that arose before the amendments were passed. Therefore, the Court granted the stay of the court proceedings. The Court also stayed claims raised against a second defendant, a non-signatory to the arbitration agreement, on the basis that these claims were based on the same factual matrix as the claims formulated against the primary defendant, which was a party to the arbitration clause.

November 5, 2025November 5, 2025

Ontario – Set Aside not available for bespoke process – #923

In Tehama Group Inc. v. Pythian Services Inc, 2025 ONSC 4134, the Court denied an application to set aside an international award on the basis of alleged procedural flaws in an accounting arbitration to resolve a dispute about whether a purchase price adjustment payment was owing to the seller of a business. The Court reviewed the terms of the parties’ bespoke arbitration agreement and the arbitral award and concluded that the specialist arbitrator, an accounting firm, had followed the summary dispute resolution process to which the parties had agreed. The Court ruled there was no breach of natural justice. Instead, the parties got the process they bargained for: “determinations strictly from a financial accounting perspective” and not “legal guidance or opinion [or] legal interpretation.”

November 5, 2025November 5, 2025

Ontario – Arbitrator Removed for Management of Potential Conflict After Disclosure – #922

MTCC No. 1251 v Windsor Arms Hotel Corp., 2025 ONSC 5009 offers a cautionary tale for arbitrators when confronting late-arising potential conflicts. The Court removed the Arbitrator for a reasonable apprehension of bias. It did so, not because of the potential conflict itself, which it found would have been insufficient on its own, but because of the way the Arbitrator managed the issue after disclosure. It was this handling, rather than the conflict per se, that rendered the apprehension of bias reasonable.

October 3, 2025December 4, 2025

Manitoba – First CA finding reasonableness standard applies to commercial award appeals – #921

Buffalo Point First Nation v Buffalo Point Cottage Owners Association Inc, 2025 MBCA 72 was the first appellate court to decide that the standard of review set out in Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65 for reviews of decisions of administrative tribunals does not apply to appeals of commercial arbitration awards. (As explained below in my commentary, this italicized language is critical to the analysis of this case.) Instead, the “reasonableness” standard of review, which was established in Sattva Capital Corp. v Creston Moly Corp., 2014 SCC 53 and affirmed in Teal Cedar Products Ltd v British Columbia, 2017 SCC 32, applies. In other words, Vavilov did not overturn Sattva. The fact that domestic arbitration legislation provides an appeal right does not mean that the same “appellate standards” apply in this context. The Court applied the reasonableness review analysis set out in Vavilov, except it found that a greater level of deference might be owed to an arbitrator’s expertise given the purpose of commercial arbitration; namely, giving effect to the parties’ desire for that method of dispute resolution. In other words, this standard of review reflects the reasonable expectations of the parties.