Andrew Irwin

Rogers appealed a partial arbitral award regarding its distribution agreement with Glentel, which it co-owns with Bell.

The arbitrator had ruled that Rogers could not require Glentel to offer a Rogers Bank credit card bundled with telecommunications services, nor pay incremental commissions for it, as it was not an 'ancillary service' under the agreement.

The Superior Court determined that the appellate standard of review applies to statutory appeals under the Arbitration Act, 1991, following Vavilov.

Applying this standard, the court found no extricable errors of law or palpable and overriding errors in the arbitrator's contractual interpretation or jurisdictional scope.

The appeal was dismissed.

Rogers Communications Inc. brought an unopposed motion for a sealing order and to file a redacted record in its appeal of a confidential arbitration award involving BCE Inc. and Glentel Inc. The court dismissed the motion, finding that Rogers failed to meet the strict test for limiting the open court principle set out in Sherman Estate.

The court held that merely treating agreements as confidential in a private arbitration does not establish a serious risk to an important public interest justifying a sealing order in a public court proceeding.