notes on new arbitration cases in Canada
…case law [Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65; Sattva Capital Corp. v Creston Moly Corp., 2014 SCC 53 at para. 106; Teal Cedar Products Ltd.,…
…Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 as having reset the standard applicable to MacNaughton J.’s review of the Partial Final Award. HGD argued that the…
…in its reasons. Third, he next referred to both Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 and to Sattva Capital Corp. v. Creston Moly Corp., 2014…
…(a) if the court’s intervention was judicial review, then it would have to follow the principles recently restated in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65;…
…Venture See Ltd, 2003 MBQB 293 at para. 12). Arbitration Matters previously covered other decisions in the Shelter litigation, including in Manitoba – Vavilov inapplicable to arbitration appeals – #709;…
…then turned to the applicable standard of review on appeals of arbitral awards noting the Supreme Court of Canada decisions in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019…
…and whether the award is therefore subject to judicial review principles under Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 or commercial arbitration approaches applied by Sattva…
…Vavilov applies to private commercial arbitration where legislation provides for appeal – #420”. Canada’s Supreme Court in Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, 2021 SCC 7…
…Immigration) v. Vavilov, 2019 SCC 65 but commented that he found “persuasive, certain aspects of the reasons and conclusions set forth” in Cove Contracting Ltd. v. Condominium Corporation No. 012…
…that a standard of correctness applied because their appeal arose from statute and Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 had changed the standard of review…