Dhaliwal v. Richter International Ltd.
JAGTAR DHALIWAL
Law Firm / Organization
Danson Recht LLP
VOXX SPORTS INC.
Law Firm / Organization
Danson Recht LLP
RICHTER INTERNATIONAL LTD.
Law Firm / Organization
Sotos LLP
PETER SELLITTO
Law Firm / Organization
Sotos LLP
ROBERT SMALL
Law Firm / Organization
Sotos LLP
PFA SOCKS INC.
Law Firm / Organization
Sotos LLP
TIMOTHY DAMASO
Law Firm / Organization
Sotos LLP
2248717 ONTARIO INC. O/A PHYSIOMED
Law Firm / Organization
Sotos LLP
ROYTECH ROAD A.K.A. PHYSIOMED VAUGHAN
Law Firm / Organization
Sotos LLP

Key Issues:

  1. 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.
  2. 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.

Superior Court of Justice - Ontario
CV-23-00695555-0000
Corporate & commercial law
$ 18,987
Respondent