The moving party sought an order incorporating and enforcing a family arbitration award under s. 59.8 of the Family Law Act.
The responding party opposed enforcement on the basis that she had commenced an application to set aside the award under s. 46 of the Arbitration Act, 1991, alleging issues including lack of jurisdiction, evidentiary concerns, denial of natural justice, and reasonable apprehension of bias.
The court found that the grounds advanced largely duplicated issues previously raised in an unsuccessful motion for leave to appeal the award.
The court held that permitting the pending set-aside application to block enforcement would undermine the statutory regime governing family arbitration awards.
The order incorporating the arbitral award was therefore granted and the moving party was awarded costs.
