The appellant sought leave to appeal a family arbitration award that reduced the appellant's parenting time and also sought a stay pending appeal.
The court held that an appeal from the award could lie, with leave, on a question of law under s. 45 of the Arbitration Act, 1991, including the alleged jurisdictional issue.
However, leave was refused because the court's gatekeeping role, the importance of finality in family arbitration, the high-conflict history of the parties, and the lack of merit in the proposed jurisdictional argument meant the matter did not justify an appeal.
The court further held that, even if leave had been granted, a stay would have been refused under the RJR-MacDonald framework because no irreparable harm was shown.
