Ontario Court Of Appeal Rules On Arbitrator's Power To Grant Summary Judgment Motion Under Arbitration Act

In Optiva Inc. v. Tbyatel, 2022 ONCA 646, the Ontario Court of Appeal provides guidance on the scope of an arbitral tribunal's powers to fashion arbitration proceedings, and addresses the law on how the rulings of an arbitral tribunal can best be challenged before the court under Ontario's Arbitration Act, 1991.

The decision is a reminder for parties to seek the input of experienced arbitration practitioners when drafting an arbitration agreement. While parties can deliberately incorporate or exclude certain procedures in their arbitration agreements, it can be difficult to draft effectively in anticipation of all potential scenarios. For this reason, in the hands of experienced arbitrators, broadly worded arbitration agreements can operate to allow for the implementation of properly tailored procedures. However, to avoid surprises, parties should anticipate that arbitration procedures may deviate from court litigation procedures and any attempt to implement court