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ARTICLE · 09 FEBRUARY 2026

Buffalo Point First Nation v. Buffalo Point Cottage Owners Association Inc

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Manitoba Court of Appeal confirms that the reasonableness standard continues to govern appeals from commercial arbitral awards, notwithstanding Vavilov.

CanadaLitigation, Mediation & Arbitration
Ricki T. Johnston
Ricki T. Johnston
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Manitoba Court of Appeal confirms that the reasonableness standard continues to govern appeals from commercial arbitral awards, notwithstanding Vavilov.

Background

In Buffalo Point, the Manitoba Court of Appeal added its voice to the ongoing debate regarding standard of review applicable to appeals from commercial arbitral awards. The Court found that the Supreme Court of Canada's decisions in Sattva Capital Corp and Teal Cedar Products remain good law such that the reasonableness standard applies.

This is in contrast with the majority of lower court decisions and other appellate court decisions that have held that the appellate standard of review applies in light of the Supreme Court's analysis of statutory appeal clauses in Canada (Minister of Citizenship and Immigration) v. Vavilov.

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