particular, the respondent had sustained an economic disadvantage as a result of the marriage and marriage breakdown.
Her offer more fairly reflected the compensatory aspects of
 With respect to child support, the arbitrator concluded
that the appellant’s offer of child support was “easily less reflective” of the shared parenting arrangement than the respondent’s
 While the appellant’s proposed proportionate sharing of
the special and extraordinary expenses was more reflective of
the statutory norm, the difference was marginal if one factored
in the higher income that, in the opinion of the arbitrator, the
appellant likely enjoyed.
 The Family Law Act and the Arbitration Act govern
family arbitrations, family arbitration agreements and family
arbitration awards. The Family Law Act prevails in the event of
any conflict between the two acts (Family Law Act, s. 59.1).
 Significant changes were made to the law that applies to
family law arbitrations with the enactment of the Family Law
Statute Amendment Act, 2006, S.O. 2006, c. 1. It amended provisions of the Arbitration Act, the Family Law Act and the Child
and Family Services Act, R.S.O. 1990, c. C.11.
 The following requirements apply to family law arbitrations:
(1) A process that is not conducted exclusively in accordance
with the law of Ontario or another Canadian jurisdiction is
not a family arbitration and the decision has no legal effect.
The arbitrator shall decide the dispute in accordance with
law, including equity (Family Law Act, s. 59.1; Arbitration
Act, s. 32(4)).
(2) A family arbitration agreement is a “domestic contract”. The
agreement and any amendments to the agreement must be
in writing, signed by the parties and witnessed. Each of the
parties must receive independent legal advice and the lawyer must complete a certificate of independent legal advice
(Family Law Act, ss. 51, 55(1), 59.6(1)).
(3) Every arbitrator who conducts a family arbitration must
receive training approved by the Attorney General. The arbitrator must separately screen the parties for power imbalances and domestic violence (Family Arbitration, O. Reg
134/07, ss. 2, 3). The arbitrator may determine the procedure
to be followed, in accordance with the Act. The arbitration