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October 13, 2020April 24, 2021

Federal – appointing authority’s breach of appointment provisions raise no reasonable apprehension of bias – #382

…Pacific Railway Company v. Canada (Attorney General), 2018 FCA 69 (CanLII), [2019] 1 FCR 121 and Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65. Citing Vavilov para….

June 6, 2021

Ontario – correctness standard applies on appeal of arbitration award under contract prescribed by statute – #494

…1998, SO 1998, c 19.Ramsay J. observed that neither party argued Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 and she accepted the guidance set out in…

March 15, 2022May 4, 2022

Saskatchewan – Judicial review available only when arbitration agreement provides – #594

…found that this was not a matter for review under s. 46 (1). In any event, citing Canada v. Vavilov, 2019 SCC 65 for the proposition that “a reasonable decision…

November 5, 2020

Québec – use of ‘arbitration’ to label administrative proceeding no substitute for consent to statutory arbitration – #387

…Immigration) v. Vavilov, 2019 SCC 65 Yergeau J. determined that the decision was reasonable and intervention was unwarranted. Ville de Saint-Colomban (“Saint-Colomban”) and Ville de Saint Jérôme (“Saint-Jérôme”) disputed overlapping…

October 15, 2021May 4, 2022

Ontario – Challenge to arbitrator’s integrity to be determined using bias test – #543

…a critical issue, then it may conclude that the deficiency constitutes an error in law. See R. v. R.E.M. ¶ 52-57. [116] See also Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 ¶ 79-91”….

February 11, 2022May 4, 2022

Alberta –No appeal of decision refusing leave to appeal arbitration award, despite s. 48 of Alberta Arbitration Act – #583

…… [69] Finally, the Tenant argues that Sherwin-Williams failed to consider the important error-correcting and law-settling functions of this Court. It says Canada (Minister of Citizenship and Immigration) v Vavilov,…

December 27, 2019January 3, 2021

Saskatchewan – arbitral board created by statute subject to access to information legislation procedures – #250

…of Canada in reasons articulated in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 and application illustrated in Bell Canada v. Canada (Attorney General), 2019 SCC 66….

July 22, 2021May 4, 2022

Québec – No bias where arbitrator rejected most objections by a party, had little interest in some evidence, questioned witnesses, and showed irritation at party – #511

…the arbitrator’s award was reasonableness, applying Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65. He held that the arbitrator’s award with respect to grounds (i) to (iv)…

February 16, 2022May 4, 2022

Ontario – Court overturns decision, “deciding the matter” of jurisdiction de novo – #586

…governed by the principles of judicial review set out by the Supreme Court of Canada in Canada (Minister of Citizenship and Immigration) v. Vavilov”. He stated clearly that neither administrative…

February 11, 2021

P.E.I. – set aside application invoking arbitral misconduct is neither a judicial review nor an appeal – #422

…13:35-13:36)”. Landlord sought support from Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 para. 77 and Baker v. Canada (Minister of Citizenship and Immigration), 1999 CanLII 699…