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 standard of reasonableness which would apply in situation of judicial review of an arbitral decision.”
Because the parties provided in their agreement for a s. 44 appeal, cases where leave of the court was required to appeal an award on a question of law were not helpful.