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Search Results for: Vavilov

Posted on February 7, 2021April 24, 2021

Supreme Court – for those SCC justices willing to consider it, Vavilov applies to private commercial arbitration where legislation provides for appeal – #420

…the Supreme Court had released its reasons in Vavilov after the hearing in Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, 2021 SCC 7.  Though Vavilov set out…

Posted on January 27, 2021April 24, 2021

N.W.T. – Court applies Vavilov to commercial arbitration awards subject to statutory right of appeal – #419

…Vavilov, 2019 SCC 65 (“Vavilov”) on the standard of review.  Second, Madam Justices Barbara Veldhuis and Jo’Anne Strekaf wrote shorter, reasons in which they concurred in the result and endorsed…

Posted on March 24, 2020January 3, 2021

Ontario – Vavilov standard applies to statutory insurance arbitration but not private commercial arbitration – #298

…the recent decision by Supreme Court in Vavilov and how it ushered in a new framework, excerpting from paras 36-37 of Vavilov.  “[36] We have reaffirmed that, to the extent…

Posted on February 13, 2023February 10, 2023

Manitoba – Vavilov inapplicable to arbitration appeals – #709

…be granted)” (paragraph 96). In Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 (“Vavilov”), the Supreme Court of Canada determined, in the context of administrative law, that…

Posted on April 1, 2020January 3, 2021

Ontario – Vavilov does not overrule Teal Cedar or Sattva Capital – #302

…Arbitration Matters note “Vavilov standard applies to statutory insurance arbitration but not private commercial arbitration”. OFNLP argued that Vavilov did not alter the standard of review applicable to commercial arbitration…

Posted on December 4, 2024December 3, 2024

Ontario – Court weighs in on standard of review post-Vavilov (and decides) – #879

…v. New Brunswick, 2008 SCC 9, [2008] 1 S.C.R. 190: Sattva, at paras. 104-106. But Vavilov reconsidered the court’s Dunsmuir framework. Vavilov sought to simplify and bring coherence to the…

Posted on December 3, 2021May 4, 2022

Newfoundland and Labrador – Labour Arbitrator’s Collective Agreement Interpretation Passes Vavilov Reasonableness Muster – #559

…precepts laid down in both Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 [Vavilov] and Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 [Sattva]. Although…

Posted on October 26, 2021May 4, 2022

Ontario – Court of Appeal does not address whether Vavilov changed the standard of review – #546

…it was unnecessary to address whether Vavilov changed the standard of review analysis in Sattva and Teal Cedar in an appeal from a commercial arbitration decision. Justice Jamal held that…

Posted on November 21, 2023November 23, 2023

Newfoundland and Labrador – Set-aside application denied where  award meets Vavilov reasonableness test – #793

…Citizenship and Immigration) v Vavilov, 2019 SCC 65, the Court held that the standard of review to be applied is reasonableness. The test for reasonableness, as applied by the Newfoundland…

Posted on February 22, 2020January 3, 2021

Alberta & Manitoba – courts take different paths to different outcomes following same S.C.C. case – #276

…Citizenship and Immigration) v. Vavilov, 2019 SCC 65 (“Vavilov”); Bell Canada v. Canada (Attorney General), 2019 SCC 66 (“Bell Canada”); and, Canada Post Corp. v. Canadian Union of Postal Workers,…

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Arbitration Matters provides brief summaries of recent cases on commercial arbitration issues, as they are released, from across Canada. Therefore, the website is updated frequently. Each Case Note also provides commentary which helps put the case in context. As of Case Note #509 dated July 26, 2021, Lisa C. Munro, has continued the work done by the Honourable Justice Daniel Urbas before his judicial appointment to the Quebec Superior Court. She is assisted by a select group of other experienced arbitration practitioners, who also contribute regularly to the Case Notes.

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About Arbitration Matters

Arbitration Matters provides brief summaries of recent cases on commercial arbitration issues, as they are released, from across Canada. Each Case Note provides commentary which helps put the case in context.

Edited by: Lisa C Munro

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