33 Bedford Row and Arbitration Place Arbitrator Hon. Barry Leon co-authored an about-to-be-published article on the considerable uncertainty that now exists in Canada on what constitutes a question of law in an arbitration award that is subject to appeal. Recent appellate decisions in the provinces of Ontario and British Columbia adopted different standards for the identification of appealable “extricable errors of law”. 

In the forthcoming issue of the Canadian Journal of Commercial Arbitration, Barry, Prof. Joshua Karton, Joel Richler, and Lisa Munro discuss the appellate decisions and the conflict between the appellate court decisions that need to be resolved by a decision of the Supreme Court of Canada establishing clear national parameters on the availability of appeals on questions of law.

The pre-publication version of the article can be found here.