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May 16, 2020January 3, 2021

Ontario – adequate reasons serve to justify/explain result so losing party knows why it lost – #320

…of Canada’s December 2019 Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65. See para. 44. The hearing conducted by the Arbitrator covered six (6) days in September…

October 23, 2023October 30, 2023

Manitoba – Procedural choices made for efficiency bind losing parties – #783

…– Vavilov inapplicable to arbitration appeals – #709. C had advanced two substantive lines of argument. On the application for leave to appeal [s. 44(2)], C said the arbitrator had committed…

April 17, 2020January 3, 2021

Québec – default is all disputes subject to broadly-worded arbitration agreement unless expressly excluded – #309

…Vavilov, 2019 SCC 65. The passages anticipate and pre-empt attempts to apply judicial review to consensual arbitrations: “[68] Despite the specificity of these provisions of the Code of Civil Procedure…

October 10, 2023October 13, 2023

Ontario – Arbitral tribunal lacks power to order third-party discovery – #779

…a non-party. Rather, it is an order requiring a non-party to play a procedural role in the proceedings. Although Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65…

November 25, 2021May 4, 2022

Ontario – Appeal of award dismissed after party refused to participate – #557

…Immigration v Vavilov, 2019 SCC. to appeals of arbitral awards. However, Justice Pollack cited 869163 Ontario Ltd. v. Torrey Springs II Associates Ltd. Partnership, 2004 ONSC 66298, for the applicable standard…

February 11, 2021

P.E.I. – set aside application invoking arbitral misconduct is neither a judicial review nor an appeal – #422

…13:35-13:36)”. Landlord sought support from Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 para. 77 and Baker v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 699…

February 16, 2022May 4, 2022

Ontario – Court overturns decision, “deciding the matter” of jurisdiction de novo – #586

…governed by the principles of judicial review set out by the Supreme Court of Canada in Canada (Minister of Citizenship and Immigration) v. Vavilov”. He stated clearly that neither administrative…

July 22, 2021May 4, 2022

Québec – No bias where arbitrator rejected most objections by a party, had little interest in some evidence, questioned witnesses, and showed irritation at party – #511

…the arbitrator’s award was reasonableness, applying Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65. He held that the arbitrator’s award with respect to grounds (i) to (iv)…

December 27, 2019January 3, 2021

Saskatchewan – arbitral board created by statute subject to access to information legislation procedures – #250

…of Canada in reasons articulated in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 and application illustrated in Bell Canada v. Canada (Attorney General), 2019 SCC 66….

February 11, 2022May 4, 2022

Alberta –No appeal of decision refusing leave to appeal arbitration award, despite s. 48 of Alberta Arbitration Act – #583

…… [69] Finally, the Tenant argues that Sherwin-Williams failed to consider the important error-correcting and law-settling functions of this Court. It says Canada (Minister of Citizenship and Immigration) v Vavilov,…