The Debate Over Vavilov's Applicability To Commercial Arbitration Appeals Continues In Alberta

Within the span of two weeks, two lower courts in different provinces have reached opposite conclusions about the standard of review for an arbitral decision on extricable questions of law in the era of Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 and Bell Canada v. Canada (Attorney General), 2019 SCC 66.

In late January, 2020, the Manitoba Court of Queen's Bench concluded in Buffalo Point First Nation v. Cottage Owners Association that the standard of review for an arbitral decision on an extricable question of law is now correctness given Vavilov/Bell. Our review and analysis of that decision can be found here. The Buffalo Point Court applied the Vavilov/Bell framework without hearing full arguments from the parties about whether the framework set out in those cases applies to commercial arbitrations.