November 28, 2017
Partner and arbitration expert John Terry was brought in by Lexpert to discuss the role of arbitration in Canadian dispute resolution.
The article, part of Lexpert’s Litigation Special Edition, discusses the authority of arbitration following the SCC’s ruling in Teal Cedar Products v. British Columbia. The decision establishes new limitations to gaining judicial review of arbitration rulings, a move observers say serves to further reinforce the court’s long-standing deference to arbitral awards.
On the decision, John told Lexpert that “the message that [the SCC] and various courts of appeal have sent out over the past decade or more, that when parties decide to arbitrate disputes and the arbitrator makes a decision, a great deal of deference is to be given by the court to the arbitral tribunal.”
John also points out that this deference has allowed arbitration to remain an attractive alternative for those looking to find fast, efficient closure to disputes. “It becomes pointless to choose the arbitral route,” says [John], “if you’re simply going to end up going through several levels of court re-arguing the same issues.”