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ARTICLE · 07 AUGUST 2014

Un-Appealing: Supreme Court Of Canada Limits Appeals From Arbitrators

Blake, Cassels & Graydon LLP
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The Supreme Court of Canada has reinforced the finality of domestic arbitration awards by limiting the types of issues that can be considered questions of law.

CanadaLitigation, Mediation & Arbitration
Seumas Woods
Seumas Woods
Joe McArthur
Joe McArthur
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In Sattva Capital Corp. v. Creston Moly Corp., the Supreme Court of Canada has reinforced the finality of domestic arbitration awards by limiting the types of issues that can be considered questions of law.

BACKGROUND

The case involved a dispute about a finder's fee payable in connection with the acquisition of a mining property in Mexico. Creston, a company whose shares traded on the TSX Venture Exchange (TSXV), entered into an agreement to purchase the property on January 30, 2007 and the next day asked that its shares be cease traded. It announced that it intended to complete the transaction on March 26, 2007, at which point its shares began trading again. The transaction closed on May 17, 2007.

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