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ARTICLE · 27 FEBRUARY 2017

The Appeal In Teal: Challenging Commercial Arbitration Awards In Canada

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How final is a final award in a commercial arbitration? The scope of appeal rights against commercial arbitration awards is again before the Supreme Court of Canada. Will this be the last word on the subject?

CanadaLitigation, Mediation & Arbitration
Bennett Jones LLP
Bennett Jones LLP
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How final is a final award in a commercial arbitration? The scope of appeal rights against commercial arbitration awards is again before the Supreme Court of Canada. Will this be the last word on the subject?

In 2014, the Supreme Court decided a case that made commercial arbitration awards harder to appeal, and those appeals harder to win—at least when the parties are private commercial entities who voluntarily agreed to arbitrate their dispute, and the dispute turned on the interpretation of their contract.

The Court's pending decision in Teal Cedar Products v. British Columbia will decide whether the same principles apply when one party is a government, provincial legislation requires the dispute to be arbitrated, and the merits of the case turn on the interpretation of a statute.

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