Results | Aug 9, 2019

Superior Court Dismisses Appeal of Arbitral Award

Back to all news Jonathan Lisus and Andrew Winton successfully responded to an appeal of an arbitral award. In the arbitration, the appellants sought to rely on a release from a prior action to dismiss a subsequent action between the parties. The appellants’ motion was dismissed by the arbitrator, who concluded that the release did not apply to the dispute at issue in the subsequent action. On appeal, Justice Dietrich engaged in a comprehensive summary of the law concerning the standard of review of arbitral awards and adopted the respondent’s argument that the arbitrator’s decision was justifiable and within the range of acceptable outcomes. Read the decision here: Canada Bread v Mallot Creek 20190808