The Logical Path To A Decision: Arbitrators Can Learn From New ONCA Decision On Sufficiency Of Reasons

Providing clear, logical reasons for decisions is fundamental to ensuring fairness, transparency, and accountability both in the judicial and arbitral settings. This principle was recently reinforced by the Ontario Court of Appeal's decision in Marketology Media Inc. v. DGA North American Inc., 2024 ONCA 799 (CanLII), particularly in paragraphs 31 to 36, where the court underscored the importance of reasoned awards.

Arbitrators are tasked with making decisions that can have significant consequences for the parties involved, often in disputes where judicial review is limited or unavailable. Without detailed and logical reasoning, a decision may appear arbitrary or unsubstantiated, undermining the integrity of the arbitration process. The Ontario Court of Appeal makes it clear that reasons for decision must not only be based on the evidence presented but also explained in a manner that demonstrates how that evidence was weighed and applied. This applies equally in the