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.

• 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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