notes on new arbitration cases in Canada
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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…
…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,…