Can an applicant argue that an arbitrator or tribunal has not explicitly considered every argument or issue raised by the parties?
Manitoba, Canada
The following excerpt is from University of Manitoba Faculty Association, 2019 MBQB 35 (CanLII):
It is well established that an arbitrator or tribunal is not obligated to explicitly consider every argument or issue raised by the parties. (Construction Labour Relations v. Driver Iron Inc., 2012 SCC 65, [2012] 3 S.C.R. 405) Unless the applicant can demonstrate that the arbitrator failed to consider an issue or erred in interpreting an issue which had a material effect and led the arbitrator to reach an unreasonable or incorrect conclusion, the argument will fail.
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