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NATURAL JUSTICE - Reasonable apprehension of bias

Thursday, May 31, 2018 @ 8:40 AM  

Appeal by the owners of a strata unit from the dismissal of their application for judicial review of an arbitration award on the basis of a reasonable apprehension of bias. The appellants were concerned about the installation of a HVAC system on the balcony next door as they thought this would disturb their enjoyment of their suite. The appellants initiated arbitration proceedings. Three arbitrators were appointed although the appellants had preferred a single arbitrator to minimize costs. The appellants nominated M, a lawyer, to act as...