Applicant
Respondent
Facts: Orion Travel Insurance Co. (Applicant) sought to set aside an arbitral award and costs award issued by the arbitrator, Stephen T. Goudge K.C., related to a dispute with CMN Global Inc. (Respondent). The dispute involved unpaid invoices and breach of contract allegations regarding the mishandling of over 8,000 insurance claim files.
Issues: The Applicant argued that the arbitral award should be set aside because the arbitrator did not provide a fair and equal opportunity to present its case, exceeded his jurisdiction, and provided insufficient or non-independent reasons for his decision.
Court's Ruling: The court dismissed the application, upholding the arbitral award. It found that the arbitration process was fair and equal, the arbitrator did not exceed his jurisdiction, and the reasons for the decision were sufficient and reflected independent thought.
Costs/Damages: The application to set aside the arbitral award was dismissed, and the parties were encouraged to reach a mutually agreeable amount for costs. If an agreement on costs could not be reached within three weeks, they were to provide written submissions for the court to decide.
Court
Superior Court of Justice - OntarioCase Number
CV-CV-22-00683374-0000Practice Area
Insurance lawAmount
Winner
RespondentTrial Start Date
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