The applicant sought to set aside an arbitral award or, alternatively, leave to appeal the award.
The arbitrator had granted summary judgment in favour of the respondent, finding the applicant breached a software services agreement.
The applicant argued the arbitrator lacked jurisdiction to proceed by summary judgment without consent, decided issues beyond the scope of the motion, and relied on independent legal research.
The court dismissed the application, finding the jurisdictional challenge was out of time and, in any event, the arbitrator had the authority to determine the procedure, including proceeding by summary judgment.
The court also found the arbitrator did not exceed the scope of the motion or improperly rely on independent research.
Leave to appeal was denied as the interpretation of the limitation of liability clause was a question of mixed fact and law.
