On May 7, 2020, in Gormac Developments Ltd. v. Teal Cedar Products Ltd. 2020 BCSC 712, the chambers judge refused leave pursuant to section 31 of the Arbitration Act from an award in favour of Teal . McDonald J. found that each issue raised by the Petitioner Gormac involved a question of mixed fact and law (See Sattva) . Nor was the court able to find any extricable questions of law in the issues raised. The court’s reasons are not only an excellent review of the present test for appeal, but also a guide for arbitrators in writing reasons.
Caveat: BC has passed a new Arbitration Act. Hopefully it will be proclaimed before year’s end.