Background: Creative Energy contested an arbitral tribunal’s interpretation of a land purchase agreement concerning a property in downtown Vancouver, arguing the tribunal improperly considered the factual matrix and post-contracting conduct, impacting the agreement's interpretation.
Key Issues:
- Whether the tribunal erred in interpreting the agreement by letting the factual matrix overshadow the contract's text.
- The appropriateness of using post-contracting conduct to interpret the agreement.
Court’s Decision:
- Leave to appeal was granted on the basis that Creative Energy presented an extricable question of law regarding the tribunal’s reliance on the factual matrix and post-contracting conduct.
- The court found the appeal’s potential merit, emphasizing the significance of the arbitral award to the parties and the risk of a miscarriage of justice.
Outcome:
- The court allowed the appeal to proceed, focusing on whether the tribunal's interpretive approach created a new agreement for the parties, deviating from the original contractual terms.
- The total amount of costs or the award ordered in favor of the successful party was not specified in the document.
