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Arbitration: When questions of law should be referred to the courts

Monday, July 23, 2018 @ 9:32 AM | By Alexander Gay and Alexandre Kaufman

Subsection 8(2) of the Ontario Arbitration Act, 1991 permits the arbitrator and the parties to refer a question of law to the courts. It provides that the court may, on an application from the arbitral tribunal, determine any question of law that arises during the arbitration, or on a party’s application if the other parties or the arbitral tribunal consent.  

The court’s decision under ss. 8(2) may also be appealed to the Court of Appeal, with leave. A similar provision exists in other common law...