may be on the basis of documents or the arbitrator may hold
hearings for the presentation of evidence and oral argument
(Arbitration Act, ss. 20, 26).
(4) The arbitrator shall decide the dispute in accordance with
the arbitration agreement (Arbitration Act, s. 33).
(5) The parties shall be treated equally and fairly. Each party
shall be given the opportunity to present a case and respond
to the other party’s case (Arbitration Act, s. 19).
(6) The arbitration award shall be in writing, with reasons
(Arbitration Act, s. 38(1)).
(7) The waiver of the right to object as a result of the failure to
make a timely objection does not apply to family law arbitrations (Arbitration Act, s. 4(2)).
(8) A party may appeal an award to the court on a question of
law with leave. If the arbitration agreement so provides, a
party may appeal on a question of fact or mixed fact and law
(Arbitration Act, s. 45).
(9) The court may set aside an award on appeal on a number of
grounds. One of those grounds is that the procedures followed in the arbitration did not comply with the Arbitration
Act (s. 46 (1)).
Standard of Review
[59] By virtue of the parties’ mediation/arbitration agreement,
this appeal is limited to a question of law. Therefore, the standard of review is correctness (see Moran v. Cunningham, [2010]
W.D.F.L. 2393, 2009 CarswellOnt 3974 (S.C.J.)).
[60] A court should not interfere with an arbitration award
unless the arbitrator acted on the basis of a wrong principle, disregarded material evidence or misapprehended the evidence
(Likins v. MacKenzie, 2003 CarswellOnt 3007 (S.C.J.), at para. 8;
Robinson v. Robinson, [2000] O.J. No. 3299, 2000 CarswellOnt
3264 (S.C.J.), at para. 5).
Is There an Error of Law?
[61] The appellant submits that the award cannot stand
because the process and the award do not comply with the law
of Ontario.
[62] The appellant does not argue that the arbitrator did not
follow the substantive law of Ontario and Canada in arriving at
