notes on new arbitration cases in Canada
…in the commercial arbitration context”. Myers J. closed with a reference to the recent Supreme Court of Canada comments in Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District,…
…overwhelm the agreement’s written words. In obiter, Sullivan J. also endorsed the concurring three (3)’s approach in Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, 2021 SCC 7…
…Notes: First, compare this result to that in SZ v JZ, 2022 ABQB 493, which is reviewed in Case Note #647: Alberta – SCC Wastech decision applies to exercise of…
…SCC 65 and Wastech Services Ltd. v Greater Vancouver Sewerage and Drainage District, 2021 SCC 7. Justice Jensen held that the Arbitrator erred in law finding that the Email created…
…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…
…have not yet addressed the issue and Wastech Services Ltd. v Greater Vancouver Sewerage and Draining District, 2021 SCC 7, only added to the confusion. Justice Marion reviewed the cases…
…question for a case where this distinction would impact its outcome, which is the approach the majority of the Supreme Court of Canada adopted in Wastech Services Ltd. v. Greater…
…in an appeal from a non-statutorily mandated arbitration since Vavilov”. The Court also relied on the minority position in Wastech Services Ltd v Greater Vancouver Sewerage and Drainage District, 2021…
…the issue altogether by stating that the decision does not turn on the standard of review (see e.g. Wastech Services Ltd. v Greater Vancouver Sewerage and Drainage District, 2021 SCC…
…British Columbia, 2017 SCC 32 (CanLII), [2017] 1 SCR 688 para. 52. Subsequent to the oral hearing before her the Supreme Court of Canada released its reasons in Wastech Services…