The applicant sought leave to appeal an arbitration award interpreting a Condominium Services Agreement (CSA) between a condominium corporation and a service provider.
The arbitrator had ruled that the CSA permitted the service provider to include profit in fee increases during the COVID-19 pandemic when services were curtailed.
The applicant argued the arbitrator erred by allowing the factual matrix to overwhelm the contract language, failing to construe the contract as a whole, and relying on subjective intentions.
The court granted leave to appeal on these extricable questions of law but dismissed the appeal, finding no errors of law.
The court also rejected allegations of bias.