LOLG Successfully Sets Aside Arbitral Award Granted as a Result of Unfair Process
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On May 19, 2023, Justice Kimmel of the Ontario Superior Court (Commercial List) granted an order setting aside an arbitral award as being procedurally unfair pursuant to section 46 of the Arbitration Act. Matthew Gottlieb and Niklas Holmberg successfully argued that the applicant was denied the right to present its full case when the arbitrator refused to admit relevant evidence addressing a new issue raised by the arbitrator for the first time at the hearing. Justice Kimmel agreed that the absence of procedural fairness warranted an order setting aside the award and directed that the underlying arbitration be determined by a new arbitrator. A copy of the decision can be accessed here:
Mattamy (Downsview) Limited v. KSV Restructuring Inc. (Urbancorp), 2023 ONSC 3013