The applicant brought a motion for leave to appeal a family arbitration award.
The parties had entered into a mediation/arbitration agreement.
After shuttle mediation failed, the arbitrator issued a decision based on information obtained during mediation without holding an arbitration hearing as required by the agreement.
The court found that the failure to hold a hearing where both parties could present and respond to each other's case constituted an error of law.
Leave to appeal was granted.
