The appellant Ledore Investments Limited appealed from a Superior Court judgment that set aside a commercial arbitration award.
The underlying dispute arose from final subcontract accounting in a major bridge construction project, where the respondent Ellis-Don Construction Ltd. was the general contractor and the appellant was a subcontractor supplying steel.
The central issue concerned whether Ellis-Don had made a written claim for delay costs within the time required by Article 15.1(a) of the subcontract.
The arbitrator found that Ellis-Don had not made an actual claim in writing, distinguishing between an intention to claim and an actual claim.
The appeal judge reversed the arbitrator's award, finding the arbitrator had misapplied legal principles from Doyle Construction.
The Court of Appeal allowed the appeal, finding the arbitrator's interpretation of Article 15.1(a) was eminently reasonable and reinstated the arbitration award.
