statement, the arbitrator had documentary evidence submitted
by the parties, which included net family property statements,
income tax returns, notices of assessment, bank account statements, credit card statements and DivorceMate calculations.
Similarity to the court process
 Final offer selection is not a process that a court would
ordinarily apply in adjudicating a family law dispute. Does this
mean that a family law arbitrator is precluded from using the
 The appellant submits that the requirement that the
arbitration process be conducted in accordance with the law of
Ontario means that the arbitrator must utilize a process that an
Ontario family court could use.
 The requirement to comply with Ontario law and
Canadian law does not, in my opinion, mean that the arbitration process must mirror the court process.
 Amendments to the law concerning family law arbitrations in Ontario were introduced in 2005. The purpose of the
amendments was to ensure that family law arbitrations would
be conducted exclusively under Ontario and Canadian law and
that there would be adequate protection for vulnerable individuals and the interests of children.
 In enacting the amendments, the government was
responding to a concern about the application of other laws, religious laws in particular, to resolve family law disputes. These
other laws and processes might not comply with Canadian laws,
such as the Canadian Charter of Rights and Freedoms (see
Marion Boyd, Dispute Resolution in Family Law: Protecting
Choice, Promoting Inclusion — Executive Summary (Toronto:
Ontario Ministry of the Attorney General, 2004); and Ontario,
Legislative Assembly, Official Report of Debates (Hansard),
No. 17 (November 15, 2005) at 1350 (Hon. Michael Bryant).
 At the same time, the amendments confirmed that arbitration is a legitimate way in which to resolve family law disputes. In introducing the amendments, the Attorney General
stated that “everyone has the right to resolve their disputes
when their dispute arises, using their method of choice” (
Hansard, No. 17, at 1350).
 In particular, individuals are entitled to choose the arbitration option to resolve their family law disputes outside of the
court process. People choose the arbitration route, at least in
part, because the process can be less costly, more efficient and
speedier than court proceedings. If the arbitration process had