The appellant, Halton Condominium Corporation No. 137, appealed an order setting aside an arbitration award concerning Mensula Bancorp Inc.'s access to parking units through the condominium's common elements.
The arbitrator had interpreted the condominium declaration to limit Mensula's access, but the application judge set aside the award, finding the arbitrator exceeded jurisdiction by effectively amending the declaration.
The Court of Appeal allowed the appeal and restored the arbitrator's award.
The Court held that the application judge erred by reviewing the substance of the arbitrator's interpretation under the guise of jurisdictional error, contrary to the narrow scope of review under the Arbitration Act, 1991.
