Chief Justice Wittmann eloquently explains the appeal (s. 44) and set aside (s. 45) provisions of the Alberta Arbitration Act in Capital Power Corporation v. Lehigh Hanson Materials Limited, 2013 ABQB 413. A sampling: S. 44 Under s.44(2), before granting leave to appeal, the Court must be satisfied: that the grounds of appeal constitute questions of law; […]
Veit, J of ABQB holds here that the standard of review on appeal under s. 44 of the Arbitration Act in relation to questions of fact or mixed fact & law is deference absent palpable and overriding error. The court notes that “in application, the appropriate standard of review…is very similar in application to the […]
The International Mediation Institute has published results of its survey of in-house counsel responsible for managing dispute resolution. The summary is available here, and the full report here. When choosing a mediator: 99% rely on a mediator’s experience as a mediator, 97% rely on past experience with the mediator, 93% rely on the mediator’s personality […]
An agreement to arbitrate provided for an appeal from the arbitrator to the Ontario Court of Appeal on a question of law. There is no appeal directly to the Court of Appeal under the Ontario Arbitration Act. The parties disputed how the appeal clause should be interpreted and applied. In Uggenti v Hamilton (City), the […]
“You persuade a [person] only insofar as you can talk his language by speech, gesture, tonality, order, image, attitude, idea, identifying your ways with his.” A useful approach in negotiation, mediation, arbitration, and life.
The ABQB has held that neither written notice of defects within a prescribed time nor notice for conciliation are mandatory steps in the Alberta New Home Warranty Program dispute resolution process. See Urban E. Homes Ltd. v. Condominium Corporation No. 0313563. Conciliation is primarily aimed at ensuring resolution of the Program’s warranty obligation, not the builder’s. […]
The CTA recently reviewed its list of arbitrators, using agency staff and an independent expert to assess prospective arbitrators against the qualification criteria. I have been reappointed to the list. Arbitrations are final offer arbitrations, sometimes known as “baseball arbitrations“.
ABQB says my arbitration award renders the issue of set-off res judicata. The court has discretion not to find or enforce res judicata flowing from an arbitral decision, but “it would not be appropriate to do so here.” The party arguing for set-off in court argued against set-off in the arbitration and prevailed. Permitting a […]
The ABCA has upheld an ABQB decision to stay proceedings by a 3rd party pending arbitration between others. See Yaworski v Gowlings, 2013 ABCA 21. The court can do this when it is just and equitable . “…arbitrations cannot be avoided by simply having a related party commence a lawsuit claiming relief with respect to arbitrable subject matter.” […]
Clackson J in Lafarge Canada Inc. v Edmonton (City) 2012 ABQB 634 says a Statement of Claim “serves as a notice or as a commencing document, in compliance with s. 23 of the Arbitration Act.” He finds “there is no reason why a Statement of Claim cannot also constitute compliance with s. 23.” Further, “even […]