Case Commentary
Notes on developments in arbitration & construction law
From time to time John shares brief commentary on recent decisions and developments of interest to parties, counsel, and fellow neutrals, with an emphasis on Canadian arbitration and construction law.
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25 September 2026
Caution: An arbitrator’s improper use of AI may put an award at risk
A Québec court annulled an arbitral award that relied on non-existent authorities cited by the arbitrator, in what appears to be the first reported judgment to set aside an award on this basis. A look at the decision, the emerging international guidance, and what it means for arbitrators using AI.
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4 August 2026
The Scott Schedule: A Useful Tool for Complex Mediations
The Scott Schedule is well known in litigation and arbitration, but it is just as valuable in complex private mediations with multiple issues and heads of damages. Why this simple tool helps a mediator and the parties find the areas of agreement and work toward a principled resolution.
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21 May 2026
Standard of Review on Appeal from an Arbitral Award: Correctness or Reasonableness?
On an appeal from an arbitral award on a question of law, do the courts apply a correctness or a reasonableness standard? Canada’s appellate courts are divided, from the Northwest Territories to Manitoba to British Columbia, and the issue may be headed back to the Supreme Court of Canada.
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26 March 2026
Procedural Fairness in Arbitration: An Appealable Question of Law?
The British Columbia Court of Appeal in Green Light Solutions Corp. v Kern BSG Management Ltd. held that an arbitrator’s failure to invite submissions on costs raised a question of procedural fairness: an appealable question of law. A look at the decision and the debate it has prompted.
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