The applicant sought to appeal or judicially review a family law arbitration award regarding spousal and child support in the Divisional Court.
The court held that the Arbitration Act provides a comprehensive code for reviewing arbitral decisions, precluding an application for judicial review to sidestep that regime.
Finding that the application to set aside the award under s. 46 of the Arbitration Act was brought in the wrong court, the Divisional Court exercised its discretion under s. 110(1) of the Courts of Justice Act to adjourn the matter to a judge of the Superior Court of Justice.
