February 7, 2022
In an article assessing Canada’s arbitration environment for the year ahead, The Lawyer’s Daily has noted Torys’ latest arbitration insight as originally featured in the Litigation Trends 2021 report.
In the article titled “Arbitration 2022: What lies ahead”, associates Alex Bogach and Julie Lowenstein are mentioned for their commentary on how Vavilov has applied to the appellate standard of review in recent arbitration awards. An excerpt from the article can be found below.
According to a recent blog post by Alex Bogach and Julie Lowenstein of Torys LLP, there have been six lower court decisions holding that Vavilov does not apply to appeals of arbitral awards and nine (plus a decision of the Northwest Territories Court of Appeal) holding it does, although six of these cases were insurance disputes decided under an arbitration regime imposed by statute. A few courts have acknowledged the issue but declined to rule on it, including both the Supreme Court of Canada (although a minority would have held Vavilov did apply) and the Court of Appeal for Ontario.
You can read the full article by The Lawyer’s Daily on their website. Torys’ article in the Litigation Trends 2021 report can be accessed here.
Press Contact
Richard Coombs | Senior Manager, Marketing
416.865.3815