The appellants appealed an order setting aside a prior court order enforcing an arbitral interim order and declaring the arbitration terminated.
The Court of Appeal held there was no evidentiary basis for the conclusion that the arbitration board had refused to hear the respondent's variation application or that the respondent lacked the ability to pursue that remedy.
Without proof of a new material fact arising after the earlier order, the motion judge had no basis to set aside that order.
The appeal was allowed, the motion judge's order was set aside, and the earlier enforcement order was restored with costs to the appellants.
