Karifa Magassouba

The applicants sought to set aside an arbitration award under section 46 of the Arbitration Act, 1991, arguing that the arbitrator’s mid-hearing switch from an oral to a written process, and refusal to consider their closing submissions, constituted unequal and unfair treatment.

The Court found that the applicants were denied their statutory rights to an oral hearing and to equal treatment, and set aside the award, remitting the matter for a new hearing before a different arbitration panel.

The appellants appealed a motion judge's order enforcing a settlement agreement regarding the ownership of a trained service dog.

The appellants argued that the respondent failed to provide original ownership documentation, which they claimed was an essential term of the settlement, and that the agreement was signed under duress.

The Divisional Court dismissed the appeal, finding no palpable and overriding error in the motion judge's interpretation that original documents were not required.

The court also rejected the appellants' procedural fairness arguments, noting they had voluntarily abandoned their duress claim and made a strategic decision not to call their former counsel.

The City of Ottawa brought a motion to dismiss an appeal by Philip Comeau regarding a Zoning By-law Amendment that permitted a four-storey residential building.

The City argued that the Notice of Appeal failed to disclose apparent land use planning grounds and did not explain how the by-law failed to conform with the Official Plan, as required by the Planning Act.

The Tribunal found that the appellant failed to meet the statutory requirements and that it lacked the discretionary authority to extend the appeal period or allow the appellant to supplement the reasons after the deadline.

The motion was granted and the appeal was dismissed.