notes on new arbitration cases in Canada
…see “Ontario – Vavilov does not overrule Teal Cedar or Sattva Capital – #302”. Mr. Justice Glenn A. Hainey held that Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019…
…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…
…2021: what is Vavilov’s impact on commercial arbitration appeals? Although on its own Spirit Bay is not the most significant case of the year, the impact of the Vavilov on…
…a rent renewal dispute, held that the Supreme Court of Canada’s decision in Canada (Minister of Citizenship and Immigration v Vavilov, 2019 SCC 65 (“Vavilov”), applies to appeals of arbitral…
…effect of Vavilov – Justice Marion noted that the Supreme Court of Canada did not specifically address statutory arbitration appeals in Vavilov, but stated that there was, “no convincing reason…
…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 [Vavilov]. Since then, lower courts in Canada have grappled with two opposite interpretations: the first, that the standard of review analysis in Vavilov applies…
…for leave to appeal, in which it held that the correctness standard of appeal in Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65 (“Vavilov”) applies to review…
…65, (“Vavilov”) supplanted the correctness standard with one of reasonableness, Justice Clackson relied upon the direction in Vavilov that the standard “must reflect the legislature’s intent with respect to the…