The applicant, Derek Van Doorn, brought a motion under section 10 of the Arbitration Act, 1991, seeking the court's appointment of an arbitrator to resolve an underlying law firm partnership dispute with the respondent, Loopstra Nixon LLP.
The partnership agreement mandated arbitration but lacked a procedure for arbitrator appointment.
The court considered three candidates proposed by the parties and ultimately appointed The Honourable Frank J.C. Newbould, K.C., finding him to be the best candidate given his extensive adjudicative and arbitral experience, particularly in law firm partnership disputes.