Appeal and Set Aside Provisions: Arbitration Act

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; […]

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Notices Not Mandatory in Alberta New Home Warranty Program Arbitration

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. […]

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