What rights does a party have to appeal an award under an arbitration agreement?

Ontario, Canada


The following excerpt is from Weisz v. Four Seasons Holdings Inc., 2010 ONSC 4456 (CanLII):

A right to appeal, if any, must be found in the governing statute, in this case the Arbitration Act, 1991. The relevant sections are [as follows]: Contracting out 3. The parties to an arbitration agreement may agree, expressly or by implication, to vary or exclude any provision of this Act except the following: 1. In the case of an arbitration agreement other than a family arbitration agreement, i. subsection 5 (4) ("Scott v. Avery" clauses), ii. section 19 (equality and fairness), iii. section 39 (extension of time limits), iv. section 46 (setting aside award), v. section 48 (declaration of invalidity of arbitration), vi. section 50 (enforcement of award) . . . . . Appeals Appeal on question of law 45(1) If the arbitration agreement does not deal with appeals on questions of law, a party may appeal an award to the court on a question of law with leave, which the court shall grant only if it is satisfied that, (a) the importance to the parties of the matters at stake in the arbitration justifies an appeal; and (b) determination of the question of law at issue will significantly affect the rights of the parties. Idem (2) If the arbitration agreement so provides, a party may appeal an award to the court on a question of law. Appeal on question of fact or mixed fact and law (3) If the arbitration agreement so provides, a party may appeal an award to the court on a question of fact or on a question of mixed fact and law. [page788]

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