notes on new arbitration cases in Canada
…should review the award on the appellate standard in light of Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65. Like dozens of courts across the country before,…
…Immigration) v. Vavilov, 2019 SCC 65. Vavilov overhauled the standard of review analysis in administrative law in Canada, ruling that the reasonableness standard applies to all judicial reviews of administrative…
…of a number of conflicting decisions by Canadian courts since the Supreme Court of Canada decision of Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65. Spirit Bay…
…at paras 30-39 to determine whether the Supreme Court of Canada’s December 2019 decision in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 applied to the standard…
…Corp. v. Creston Moly Corp., 2014 SCC 53and Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65have any application to applications to set aside international arbitral awards under…
…treatments of Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 but supported applying the correctness standard to a review of an arbitrator’s award for reasons set out…
…subsequently Vavilov”, Sullivan J. stated his agreement that Vavilov modified the standard of review for arbitration appeals. Sullivan J. also distinguished Alberta’s Arbitration Act from the B.C. legislation, noting that…
…causation. She also rejected that Vavilov had any application, noting that, “[i]n the face of the jurisprudence directing courts to accord broad respect and deference to decisions made by arbitral…
…on post-award jurisdictional challenge – #272. Second, the Divisional Court relied upon Canada Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, at para. 37, and Housen v. Nikolaisen,…
…– The parties agreed that the reasonableness standard applied. The Court quoted from several decisions, including Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 [Vavilov], explaining the…