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Reasonableness standard affirmed in insurance case

Thursday, October 27, 2016 @ 8:00 PM | By Marco Falco

Canadian courts are showing increasing deference to the decisions of arbitrators. There are a number of reasons for this trend. First, courts are recognizing the expertise of arbitrators, who deal with specific legal issues on a regular basis. Second, out of respect for legislative intent, courts defer to the statutory regimes put in place to resolve disputes through arbitration.

A recent decision of the Ontario Court of Appeal, Intact Insurance Co. v. Allstate Insurance Co. of Canada 2016 ONCA 609, applies the principle of deference to...