You searched for Vavilov - Page 8 of 8

July 5, 2023June 29, 2023

Manitoba – Limited record magnified difficulty of appeal of award – #751

…of in the context of appeals from arbitral awards and whether the standard of review framework reformulated in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, applies…

March 18, 2021March 18, 2021

Québec – arbitrator has jurisdiction/obligation to decide recusal even absent express grant of authority to do so – #451

…J. referred to Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, holding that she need not engage in judicial review with a particular standard of review because…

March 26, 2021April 24, 2021

Alberta – arbitrator’s breach of procedural fairness in costs award leads to set aside of award on merits – #455

…(Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65. Those references allowed Hunt McDonald J. to identify certain key aspects of the duty recognized at section 19 of the…

November 14, 2020May 4, 2021

Saskatchewan – appeal court endorses other appeal courts’ approach to stay application appeals where arbitration agreement does not apply – #391

…Citizenship and Immigration) v. Vavilov, 2019 SCC 65. Second, see the Arbitration Matters note “Arbitration imposed by statute remains consensual if opportunity available to renounce” regarding a distinction drawn in…

November 15, 2020May 4, 2021

Federal – successful offer in all-or-nothing final offer arbitration can include agreement to arbitrate – #392

…of correctness or reasonableness. In light of the statutory nature of the dispute resolution process, Manson J. applied the standards in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019…

March 28, 2023March 31, 2023

Ontario – Deferential approach on set-aside application for want of procedural fairness – #723

…review of administrative action [see: Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, para. 142; Mobil Oil Canada Ltd. v. Canada-Newfoundland Offshore Petroleum Board, 1994 CanLII 114…

February 1, 2022May 4, 2022

B.C. – Appeal court considering arbitrator’s alleged error of law where law changed post-award – #579

…For a previous Arbitration Matters note addressing the Wastech case, see Supreme Court – for those SCC justices willing to consider it, Vavilov applies to private commercial arbitration where legislation…

May 10, 2022May 10, 2022

Ontario – Determining appeal rights in arbitration agreement in effect since 1960 Arbitration Act – #614

…review in cases of commercial arbitration” since the release of Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65. She concluded that the standard of review of correctness…

April 12, 2023April 10, 2023

B.C. – Court of Appeal finds extricable error in contract interpretation (again) – #728

…review: another case, another punt on the effect of Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65. The judgment helpfully canvasses the BC Court of Appeal’s previous…

May 12, 2022May 10, 2022

Ontario – Set- aside application failed; dispute covered by arbitration agreement, no objection to jurisdiction – #616

…the context of commercial arbitration awards following the Supreme Court of Canada’s decision in the Supreme Court’s decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65….