The appellant tenant appealed an order quashing its appeal from an arbitration award determining fair market rental under a 99-year ground lease.
The central issue was whether the parties' appeal rights were limited to questions of law with leave, as provided in the Arbitration Act, 1991, or whether broader appeal rights existed under the original Lease provisions referencing the Arbitrations Act, R.S.O. 1970.
The Court of Appeal upheld the motion judge's decision, finding that the Arbitration Agreement was a stand-alone agreement governing appeal rights and that the parties' appeal rights were limited to questions of law with leave under the 1991 Act.
