The applicants sought judicial review to set aside an arbitration award that ordered the applicant son to pay his respondent father over $11 million to dissolve their gas bar partnership.
The applicants alleged procedural unfairness and a reasonable apprehension of bias by the arbitrator, raising issues regarding the non-attendance of a party, the removal of a party from the style of cause, the rules of procedure used, the treatment of expert testimony, and the refusal to admit post-arbitration financial evidence.
The Superior Court of Justice dismissed all grounds of the application, finding no procedural irregularities or bias on the part of the arbitrator, and noting that the applicants themselves were responsible for their expert witness not testifying.
