Share on LinkedInShare on LinkedIn

ARTICLE · 04 MAY 2018

Careless Whispers: Ex Parte Communications Lead To Overturned Arbitration Award

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
Contributor
Blake, Cassels & Graydon LLP

Blake, Cassels & Graydon LLP

As one of Canada’s top business law firms, Blake, Cassels & Graydon LLP (Blakes) provides...

View firm profile
Explore more from Blake, Cassels & Graydon LLP

In its recent decision in Hunt v. The Owners, Strata Plan LMS 2556, the BCCA held that private communications between an arbitration panel and only one party to the arbitration can give rise...

CanadaLitigation, Mediation & Arbitration
Joe McArthur
Joe McArthur
Author LinkedIn connections

In its recent decision in Hunt v. The Owners, Strata Plan LMS 2556, the British Columbia Court of Appeal (BCCA) held that private communications between an arbitration panel and only one party to the arbitration can give rise to a reasonable apprehension of bias, rendering the arbitration award void and unenforceable.

BACKGROUND

The arbitration was between the owners of a residential unit in a strata building (the Hunts), and the strata corporation (Strata) under the Strata Property Act (Act). The Hunts initiated the arbitration in April 2014 over concerns that the installation of an HVAC system would disturb their enjoyment of their unit.

The arbitral panel ruled against the Hunts on all major issues and awarded full indemnity costs to the Strata. The Hunts sought leave to appeal the costs order at the B.C. Supreme Court, but their application was dismissed.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

The Coldcard Exploit: Why Victims May Have Two Routes To Recovery

A five-year-old firmware defect in Coldcard hardware wallets has enabled attackers to systematically drain an estimated $116 million in Bitcoin from over 5,200 victims since July 2026. This unprecedented exploit raises critical questions about manufacturer liability and creates two distinct legal pathways for recovery: blockchain tracing against the perpetrators and potential litigation against Canadian manufacturer Coinkite for product defects that undermined the fundamental security promise of devices mar
CanadaLitigation, Mediation & Arbitration
WeirFoulds LLP
WeirFoulds LLP
Article

Plaintiffs Awarded A Total Of $800,000 In Damages For Defamation (Murdy v. Barrette)

A Canadian court awarded $800,000 in damages to a couple defamed by serious false allegations of sexual assault and criminal misconduct spread through social media. The case examines how factors like the severity of accusations, use of social media platforms, and a defendant's failure to mount a defense can dramatically escalate defamation damages beyond typical awards.
CanadaLitigation, Mediation & Arbitration
Gardiner Roberts LLP
Gardiner Roberts LLP
Article

Ontario’s New AI Rules: What Lawyers And Expert Witnesses Need To Know

Ontario's Rules of Civil Procedure now include strict amendments requiring lawyers and expert witnesses to certify the authenticity of every citation and authority used in court materials. These new anti-hallucination provisions impose significant penalties for presenting AI-generated fabricated authorities, fundamentally shifting accountability for artificial intelligence use in litigation.
CanadaLitigation, Mediation & Arbitration
Soloway Wright
Soloway Wright
Article

Not Beyond Reproach: Alberta Court Confirms Jurisdiction Over Alberta Energy Regulator

The Alberta Court of King's Bench has confirmed its jurisdiction to grant injunctive relief against the Alberta Energy Regulator despite a broadly worded statutory privative clause. This landmark decision, arising from Sumerian Oil & Gas's application to stay a suspension order affecting approximately 900 wells, represents one of the first considerations of the Supreme Court of Canada's recent Democracy Watch ruling and may significantly impact future disputes involving AER orders.
CanadaLitigation, Mediation & Arbitration
MLT Aikins LLP
MLT Aikins LLP
Article

Canada Imposes Counter-Tariffs On C$27.6-Billion Of U.S. Imports, Effective September 8, 2026

Canada has announced C$27.6-billion in counter-tariffs on U.S. imports, effective September 8, 2026, targeting over 700 product classifications across steel, aluminum, dairy, electronics, and other sectors. The measures represent a dollar-for-dollar response to U.S. Section 338 tariffs, with rates ranging from 15% to 50% depending on the product category. The government has also introduced a C$7.5-billion support package for affected Canadian workers and businesses.
CanadaInternational Law
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
Article

Digging Deeper: Canadian Mining Sector Tax Update

Canada’s mining sector is at an important inflection point. Against a backdrop of growing global demand for critical minerals and increased competition for investment capital, the Canadian federal government has recently introduced a series of tax measures designed to encourage investment and strengthen the competitiveness of Canada’s mining industry. For investors, these measures may meaningfully influence the after-tax economics of projects and financing structures across the mining value chain.
CanadaEnergy and Natural Resources
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
Article

Fall Forecast: What To Watch In Canada’s Communications Sector

Canada's broadcasting, telecommunications, and satellite industries face significant regulatory changes this fall as Parliament advances key legislation. From the CRTC's implementation of the Online Streaming Act amid U.S. trade tensions to new lawful access requirements for service providers and the establishment of Canada's first space launch framework, these developments will reshape operational requirements across the communications sector.
CanadaMedia, Telecoms, IT, Entertainment
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
Article

Snap Election, Strict Rules: Navigating Compliance While Engaging In B.C.’s Provincial Election

British Columbia's snap election on October 24, 2026, brings unprecedented compliance challenges for businesses seeking to engage in policy discussions. With some of Canada's strictest lobbying rules, stringent election financing laws, and new foreign influence regulations all converging during the campaign period, organizations must navigate a complex web of registration requirements, spending caps, and reporting obligations while avoiding significant legal and reputational risks.
CanadaGovernment, Public Sector
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
Article

Kalibrate Consent Agreement Targets Third-Party Information Sharing As Abuse Of Dominance

On September 24, 2026, the Competition Bureau (Bureau) announced it had entered into a consent agreement with Kalibrate Canada Inc. (Kalibrate) to address concerns regarding Kalibrate’s collection and distribution of detailed retail fuel data through its Kalibrate Market Intelligence product (KMI). More broadly, the matter signals the Bureau’s willingness to challenge information-sharing arrangements under multiple provisions of the Competition Act (Act), including through abuse of dominance where the intermediary itself is alleged to be dominant.
CanadaAntitrust/Competition Law
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
Article

Ontario Proposes Amendments To Streamline Electricity Transmission Development

Ontario's Ministry of Energy and Mines has proposed exempting electricity transmission projects procured by the Independent Electricity System Operator from the traditional leave to construct approval requirement. This regulatory change could significantly streamline the development timeline for bulk system transmission infrastructure, including the pending Toronto Third Line procurement, while maintaining environmental assessment and Indigenous consultation requirements.
CanadaEnergy and Natural Resources
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP