The applicant brought a motion to set aside an order quashing his application for judicial review of a family arbitration award.
He argued that recent amendments to the Family Law Act meant family arbitrators exercise a statutory power of decision, giving the court jurisdiction under the Judicial Review Procedure Act.
The Divisional Court dismissed the motion, affirming that family arbitrators derive their authority from private consensual agreements, not statute, and therefore do not exercise a statutory power of decision.
