notes on new arbitration cases in Canada
…law [Canada (Minister of Citizenship and Immigration) v Vavilov, Wastech Services Ltd v Greater Vancouver Sewerage and Drainage District, lululemon athletica canada inc v Industrial Colour Productions Inc., Russian Federation…
…Immigration v Vavilov, 2019 SCC. to appeals of arbitral awards. However, Justice Pollack cited 869163 Ontario Ltd. v. Torrey Springs II Associates Ltd. Partnership, 2004 ONSC 66298, for the applicable standard…
…a non-party. Rather, it is an order requiring a non-party to play a procedural role in the proceedings. Although Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65…
…Vavilov, 2019 SCC 65. The passages anticipate and pre-empt attempts to apply judicial review to consensual arbitrations: “[68] Despite the specificity of these provisions of the Code of Civil Procedure…
…citing Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65, it could not be said the Case Management Judge erred in failing to consider a submission never put to…
…– Vavilov inapplicable to arbitration appeals – #709. C had advanced two substantive lines of argument. On the application for leave to appeal [s. 44(2)], C said the arbitrator had committed…
…of Canada’s December 2019 Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65. See para. 44. The hearing conducted by the Arbitrator covered six (6) days in September…
…in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 and Bell Canada v. Canada (Attorney General), 2019 SCC 66 had issued after the hearing before him, he…
…of review, highly confusing as a result of the Supreme Court of Canada’s decision in Vavilov that statutory appeals are subject to a correctness standard in comparison to previous Supreme…
…of the Alberta Court of King’s Bench in Esfahani v Samimi, 2022 ABKB 795 (CanLII), which held, post Vavilov, that the standard of review for appeal of arbitral awards on…