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ARTICLE · 02 AUGUST 2023

Mattamy (Downsview) Limited v. KSV Restructuring Inc. (Urbancorp): Procedural Fairness In Arbitral Proceedings

Singleton Urquhart Reynolds Vogel LLP
Singleton Urquhart Reynolds Vogel LLP
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Singleton Urquhart Reynolds Vogel LLP

Singleton Urquhart Reynolds Vogel LLP

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In this article, we consider the Ontario Superior Court's decision in Mattamy (Downsview) Limited v. KSV Restructuring Inc. (Urbancorp), 2023 ONSC 3012, and its implications for the limits to an arbitrator's discretion ...

CanadaLitigation, Mediation & Arbitration
Bruce Reynolds
Bruce Reynolds
Nicholas Reynolds
Nicholas Reynolds

In this article, we consider the Ontario Superior Court's decision in Mattamy (Downsview) Limited v. KSV Restructuring Inc. (Urbancorp), 2023 ONSC 3012, and its implications for the limits to an arbitrator's discretion over matters of procedure and evidence in arbitration.

Brief Factual Background

Downsview Homes Inc ("DHI") owned land where DHI had developed a residential construction project (the "Downsview Project"). Ownership of DHI was shared by Urbancorp Downsview Park Development Inc. ("UDPDI") and Mattamy (Downsview) Limited ("Mattamy"), where the rights and obligations between the two parties were governed by the Amended and Restated Co-Ownership Agreement (the "Co-Ownership Agreement").

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