Ex Parte Communications In Arbitral Proceedings - Worth The Risk?: Hunt v. The Owners, Strata Plan LMS 2556

It is a well-established principle in judicial proceedings that a judge should not discuss any part of an ongoing case with only one party to the dispute. In Hunt v. The Owners, Strata Plan LMS 2556, the B.C. Court of Appeal recently confirmed that private conversations between an arbitrator and one party to the dispute, even those touching on procedural matters, can give rise to a reasonable apprehension of bias and provide a basis to set aside an arbitral award.

Background

The Hunts, owners of a strata unit and self-represented litigants, initiated an arbitration against the Strata Corporation (the "Strata") under the Strata Property Act, S.B.C. 1998, c. 43 (the "Act"). Although the Hunts expressed a preference for a single arbitrator, a three-person arbitration panel was constituted. After a four-day hearing, the arbitrators ultimately ruled against the Hunts and awarded special costs in favour of the Strata.