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 (“Vavilov”) and Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District (“Wastech”).
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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