Parties choose arbitration for its flexibility, confidentiality, relative expediency and the ability to select an arbitrator with commercial experience relevant to their dispute. Canadian courts have historically respected that choice and will only intervene in narrow circumstances. In AtkinsRéalis Construction (Pacific) Inc. v. GIP Construction Ontario East Ltd., 2026 ONSC 5666, the Ontario Superior Court of Justice removed an arbitrator whose active questioning of witnesses, a style both parties had agreed to, was found to have crossed the line from adjudication into advocacy.
Singleton Urquhart Reynolds Vogel LLP