The applicant appealed an arbitration award ordering it to pay damages for breach of a commercial parking management contract.
The applicant argued the arbitrator erred in law by failing to apply proper contractual interpretation principles to a force majeure clause regarding the COVID-19 pandemic, and by failing to apply the correct test for equitable set-off.
The Superior Court of Justice dismissed the appeal, finding the arbitrator correctly focused on the words of the contract and made factual findings that precluded the equitable set-off defence.
The arbitration award was upheld.
