Earlier this year, we wrote about how questions about the applicable standard of review of arbitral awards had been re-opened by two decisions of the Supreme Court of Canada (“SCC”), Canada (Minister of Citizenship and Immigration) v. Vavilov[1] (“Vavilov”) and Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District[2] (“Wastech”).
On ...
For several decades in Canada, the court has applied the deferential standard of “reasonableness” when reviewing arbitral awards - subject to a narrow set of exceptions.
When applying the reasonableness standard, a reviewing court will show deference to the reasons of the decision-maker and uphold the award so long as the award falls within a “range of reasonable ...
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