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ARTICLE · 09 OCTOBER 2025

When Disclosure Becomes Disqualification: Management Of Arbitrator Disclosure In MTCC No. 1251 v Windsor Arms

Singleton Urquhart Reynolds Vogel LLP
Singleton Urquhart Reynolds Vogel LLP
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The appearance of arbitrator bias has been a topic of significant interest in recent years, as well as significant concern given the risks it poses.

CanadaLitigation, Mediation & Arbitration
Nicholas Reynolds
Nicholas Reynolds
Tanya Soni
Tanya Soni

The appearance of arbitrator bias has been a topic of significant interest in recent years, as well as significant concern given the risks it poses. As a result, any case law that handles new or uncommon factual applications of this issue will be of interest to readers.

One recent example is MTCC No. 1251 v Windsor Arms Hotel Corp., 2025 ONSC 5009, where the Ontario Superior Court considered the issue of an arbitrator having an unrelated matter referred to them by a party's expert witness, as well as the arbitrator's handling of the potential appearance of a conflict of interest once it arose. While the Court acknowledged that a single business referral may not be sufficient grounds for disqualification, the arbitrator's subsequent handling of the conflict created an undeniable perception of partiality. Below, we review the decision.

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