Ontario Court Provides A Helpful Primer On Judicial Intervention In Arbitration Awards In Canada

In FCA Canada Inc. v. Reid-Lamontagne, 2019 ONSC 364, Justice Spies of the Ontario Superior Court of Justice provided a helpful overview of the current state of the law in Canada with respect to three core aspects of judicial intervention in an arbitration award: (1) when to challenge the arbitrator's jurisdiction; (2) the standard of review on questions of jurisdiction; and (3) the setting aside of final arbitration awards generally.

While the Court's reasons were issued in the context of an arbitration that proceeded under a domestic arbitration act,¹ the principles highlighted by the Court remain relevant to the enforcement, consideration, and setting aside of international arbitration awards in Canadian courts. Indeed, the Court relied directly on Canadian cases considering international arbitration awards in giving its reasons.