View cases - Stewart McKelvey

Page: 21[49] The Applicant states that in the circumstances of this case the arbitratorbreached the principles of natural justice by failing to consider or ignoring relevantevidence. It further suggests that “the arbitrator’s holdings in law were made in theabsence of any foundation in the facts in evidence”.[50] The Applicant also submits that the arbitrator’s decision was “flagrantly unjust,absurd, and contrary to common sense” ( 43 of the Applicant’s April 20 th , 2010 brieffiled with the court). The Applicant states that as a result, the arbitrator exceeded hisjurisdiction. The Applicant invites the court to overturn or set aside the arbitrator’saward based on these alleged breaches of natural justice and loss of jurisdiction.2010 NSSC 252 (CanLII)[51] In my view, the law as set out in Ripley, supra, is still valid today. That is, theprerogative writs do not lie against a non-statutory tribunal, however, its proceedingsare reviewable for want of jurisdiction and breaches of natural justice. Issues ofjurisdiction and breaches of natural justice are now codified, however, by theCommercial Arbitration Act and, in particular, s. 49 of that Act. Any relief that theApplicant may seek must be found in the provisions of the Commercial ArbitrationAct.[52] The Applicant further submits that if the court fails to intervene in thesecircumstances parties will be discouraged from seeking arbitration. This, in my view,is not a valid concern. While the Commercial Arbitration Act limits judicialintervention in relation to a consensual arbitrator’s award, the Act does permit theparties to extend the court’s involvement should they see fit. In particular, s. 48 ofthe Act allows broad rights of appeal (on questions of both law and fact or mixed law