What is the standard of review of a ruling made by an arbitrator in the course of an arbitration?

Ontario, Canada


The following excerpt is from Amalgamated Transit Union, Local 279 v. Ottawa (OC Transpo), 2007 CanLII 41425 (ON SCDC):

However, the same standard of review does not necessarily apply to every ruling made by an arbitrator in the course of such arbitration. Questions of law outside of an arbitrator’s expertise are generally reviewable on a correctness standard and an error of law made by an arbitrator on such an issue may be sufficient to lead to a patently unreasonable outcome. See Toronto v. CUPE, supra, at paras. 14 and 15 per Arbour J.

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