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Unsuccessful claims of bias may prove costly

Thursday, September 15, 2016 @ 8:00 PM | By R. Aaron Rubinoff and John Siwiec

Two benefits that are commonly cited in favour of arbitration are the ability to select the decision-maker and the finality of awards.

Two recent decisions of the Ontario Superior Court of Justice have further emphasized these benefits by awarding substantial indemnity costs against parties who have tried to interfere with the arbitration process.

In both cases, the losing party claimed a reasonable apprehension of bias in relation to their respective arbitrators. In the first case, Allied Track Services Inc. v. Jeffery Swift 2015 ONSC 5496, the...