From January to December, 2022, Arbitration Matters posted regular Case Notes, providing summaries and commentary on cases concerning commercial arbitration issues, as they were released by courts across Canada. These Case Notes were also sent to subscribers on a bi-weekly basis. You can sign up for a free subscription on this website.
There were a few issues that arose in 2022 that, in my view, are of particular interest to commercial arbitration practitioners, which I have outlined in the article “A Year in Review of Canadian Commercial Arbitration Case Law (2022) in the Canadian Journal of Commercial Arbitration (PDF link). This paper focuses on: (1) binding non-signatories to arbitration, an emerging trend in Québec? (2) court review of tribunal’s preliminary rulings in jurisdiction, which has continued to be a vexing area of the law notwithstanding the Ontario Divisional Court’s attempt in 2021 to bring some clarity to the applicable principles in Russian Federation v Luxtona, 2021 ONSC 4604; and the British Columbia Court of Appeal’s decision of Escape 101 Ventures Inc. v March of Dimes Canada, 2022 BCCA 294, which found that an arbitrator’s material misapprehension of evidence going to the core of the outcome of the award constituted an extricable error of law subject to appeal.
You can find a detailed analysis of some of the other important trends by our Contributors in our “2022 Hot Topic” Case Notes.
If you’d like to travel back in time one year, you can find my 2021 Arbitration Year in Review here.