A recent Supreme Court of Canada decision confirms the limited
scope for appeals of an arbitrator's decision pursuant to
British Columbia's Arbitration Act (the Arbitration Act), and
has implications for all domestic arbitration regimes in Canada
that permit appeals on questions of law alone, as opposed to mixed
questions of fact and law.
Background
Creston Moly Corporation was obliged to pay a finder's fee
to Sattva Capital Corporation of US$1.5 million in shares of
Creston under an agreement (the Agreement) to purchase a mining
property. According to the Agreement, by default, the finder's
fee was to be paid in Creston shares. The number of shares depended
on their price, which, according to the Agreement was to be
"as calculated on close of business day before the issuance of
the press release announcing the acquisition." A disagreement
arose between the parties regarding which date should be used to
price the Creston shares and the resulting number of shares
