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The court dismissed an application to set aside an arbitral award, finding the process fair and the reasons adequate despite incorporating the successful party's submissions.
The applicant sought to set aside an arbitral award and a costs award, and for leave to appeal, under sections 45 and 46(1)6 of the Arbitration Act, 1991.
The application alleged procedural unfairness, exceeding jurisdiction by the arbitrator, and insufficient/non-independent reasons.
The court dismissed the application, finding that the arbitration process was fair, the parties had ample opportunity to present their cases, the arbitrator did not exceed jurisdiction by not conducting a mediation (as the parties had moved to adjudication), and the reasons for the award were adequate and independent.
The Court of Appeal dismissed the appeal, finding no error in the motion judge's reasons.
The appellant appealed an order of the Superior Court of Justice dated October 20, 2017.
The Court of Appeal found no error in the motion judge's reasons and dismissed the appeal.
Costs were awarded to the respondent in the sum of $15,000 on a partial indemnity basis inclusive of disbursements and HST.
