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Motion granted to stay arbitration pending resolution of reasonable apprehension of bias application.
The applicant brought a motion under s. 13(7) of the Arbitration Act, 1991 to stay an ongoing arbitration proceeding pending the resolution of an application challenging the arbitrator for a reasonable apprehension of bias.
The applicant argued the arbitrator acted improperly by aggressively cross-examining witnesses.
Justice Myers granted the motion, finding the applicant established a strong prima facie case of bias and that proceeding before the arbitrator would cause irreparable harm.