Background:
Pomerleau Inc. hired 4HD Construction Ltd. as a subcontractor in 2019 for work on the South Burnaby Ice Arena. Disputes led to an arbitration clause invocation, with John Singleton, K.C., later selected as arbitrator. Both companies later disputed the arbitrator’s appointment, procedural timelines, and fees.

Legal Issues:
Key issues included whether Singleton was legitimately appointed as arbitrator, whether his role posed a reasonable apprehension of bias due to unpaid fees by 4HD, and whether 4HD failed to advance its claim within required arbitration timelines. Pomerleau sought to enforce Singleton’s arbitral award dismissing 4HD’s claims, while 4HD countered with motions to void Singleton’s appointment or remove him for bias.

Court’s Analysis:
The Supreme Court of British Columbia held that Singleton was correctly appointed as arbitrator in 2022, finding 4HD’s claims of procedural uncertainty and fee concerns unpersuasive. The court found no bias, noting that minor unpaid fees did not meet the threshold for impartiality concerns.

Conclusion and Award:
The court dismissed 4HD’s petition to remove Singleton, upholding the arbitral award in favor of Pomerleau. The court recognized Pomerleau’s entitlement to a total of $58,174.96, including costs assessed at $41,601.71 and fees for the preparation of the award.