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ARTICLE · 10 MAY 2023

Appealing An Arbitral Award – Are We "Finally Settled"?

McCarthy Tétrault
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This is but the most recent case addressing the circumstances under which an arbitration award can be appealed. For a number of years, parties have disputed the significance of words...

CanadaLitigation, Mediation & Arbitration
The International Arbitration Blog
The International Arbitration Blog
Eli Mogil
Eli Mogil
Sherry Ghaly
Sherry Ghaly
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Why this case matters

This is but the most recent case addressing the circumstances under which an arbitration award can be appealed. For a number of years, parties have disputed the significance of words like "binding" and "final" when seeking to determine whether an award can be appealed. In this recent Ontario Court of Appeal ("ONCA") decision, the Court brings some much needed common sense to those words.

In Baffinland Iron Mines LP v. Tower-EBC G.P., S.E.N.C,  2023 ONCA 245 ("Baffinland"), the ONCA upheld the Ontario Superior Court's ("ONSC") decision that leave to appeal an arbitral award was unavailable to Baffinland Iron Mines ("BIM"  or the "Appellants") under s. 45(1) of the Arbitration Act,  S.O 1991, c. 17 (the "Act"), as the Court found that the phrases "finally settled" and "final and binding" meant the same thing and, in both cases, the parties intended to preclude appeal rights following an arbitration.

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