The court dismissed Remington Georgetown Inc.'s application to set aside an arbitration award under the Ontario New Home Warranties Plan Act.
The applicant, a residential developer, challenged the arbitrator’s decision on four grounds: excess of jurisdiction, procedural unfairness, bias, and failure to provide reasons.
The court found no merit in any of the grounds, holding that the arbitrator acted within her jurisdiction, provided adequate reasons, and that the applicant’s complaints were attempts to appeal the merits of the decision, which is not permitted under the Act or the arbitration agreement.
The court also addressed the admissibility of affidavit evidence and provided directions for costs submissions.