What is the test for overturning a decision of an arbitrator in a patent matter?
Ontario, Canada
The following excerpt is from Holmes v. Lerners LLP, 2014 ONSC 5449 (CanLII):
In order to set aside the Arbitrator’s decision, then, it must be demonstrated that the decision arises from an error in principle, an absence or excess of jurisdiction or a patent misapprehension of the evidence, leading to a result which appears unsatisfactory on all of the evidence: Frei v. Robinson, [1996] O.J. No. 913, at para. 8. Analysis
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