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THUNDER BAY — The Ontario Court of Appeal has dismissed an application to overturn an arbitrator's decision that awarded Tbaytel nearly $4.4 million.
An arbitrator subsequently ruled the contract had been breached, and that Tbaytel was entitled to recover $4.39 million. In the justice system, summary judgment is a procedural tool available in certain circumstances to expedite a decision without conducting a formal trial. In written submissions that followed, the company submitted that the arbitrator had no jurisdiction to consider a summary judgment motion without the consent of both parties.
In the Court of Appeal, after a hearing in March of this year, the three-judge panel noted that the two parties had negotiated an arbitration agreement as part of the contract, and that their "fashioning of their own rules governing the conduct of the arbitration and their selection of a mutually agreeable arbitrator implies a very limited role for judicial oversight of the conduct or outcome of that arbitration.
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