Key Issues:
- Bias Challenge Against Arbitrator: The applicants, Jagtar Dhaliwal and Voxx Sports Inc., sought to remove arbitrator David McCutcheon, alleging bias due to a prior undisclosed arbitration between McCutcheon and one of the respondent's lawyers, Allan Dick.
- Actual Bias: Alleged after the arbitrator ruled against Dhaliwal, claiming he had given false testimony.
Ruling:
- The court dismissed the application for failing to meet the time requirements for raising the bias challenge (15 days after learning of the grounds, per the Arbitration Act).
- The court found no reasonable apprehension of bias nor actual bias. It determined that McCutcheon's involvement in another arbitration with the same lawyer did not warrant disqualification.
- Costs of $18,986.59 were awarded to the respondents.
Outcome: The application to remove the arbitrator was denied, and the applicants were ordered to pay the respondents' costs.