Key Issue: Whether the court’s appointment of an arbitrator under the Arbitration Act, 1991 can be appealed.

Background:

• Toronto Standard Condominium Corporation No. 2299 (“Condo Corp.”) and Distillery SE Development Corp. (“Distillery”) are parties to a Shared Facilities Agreement (SFA) requiring arbitration for unresolved disputes.
• In 2018, both parties agreed to appoint Colin Campbell, K.C., as arbitrator. The arbitration did not proceed.
• In 2022, after serving a new arbitration notice, disagreements arose about whether Campbell should continue as arbitrator for expanded disputes.

Lower Court Decision:

• Justice Julia Shin Doi appointed Mr. Campbell as arbitrator under the Arbitration Act, 1991, leaving jurisdictional issues to Mr. Campbell’s determination.

Appeal:

• Distillery appealed, arguing the prior agreement to appoint Campbell was repudiated and that new disputes from 2022 should not be included.
• The Condo Corp. moved to quash the appeal, citing the Arbitration Act, which precludes appeals from court-ordered appointments under s. 10.

Court of Appeal's Ruling:

• The appeal was quashed. The court confirmed that the appointment of Mr. Campbell was made under s. 10 of the Arbitration Act, and s. 10(2) precludes appeals from such orders.
• The court rejected Distillery's argument that the decision was made outside the scope of the Arbitration Act.

Outcome: Appeal quashed; costs of $20,000 awarded to the Condo Corp.