Administrative Law and ADR - Vancouver Section Meeting | ONLINE ONLY 

May 17, 2021

Veuillez notez, cet événement ne sera disponible qu'en anglais.

ONLINE MEETING: From Vavilov to Wastech:  The Impact of the Administrative Law Standard of Review on Appeals from Commercial Arbitration Awards
This meeting is being hosted by the Administrative Law Section, in partnership with ADR - Vancouver.

Speaker(s): Tom A. Posyniak, Fasken Martineau DuMoulin LLP
Clayton J. Gallant, Gudmundseth Mickelson LLP
Time: Monday, May 17, 2021, 12:30pm - 1:30pm (PT)
CPD Hours: 1.00 hour

In Vavilov, the Supreme Court of Canada set out a new approach for determining the standard of review that applies to the judicial review of an administrative decision. Since Vavilov was released, lower courts have struggled to determine whether its analysis applies to appeals from commercial arbitration awards, thereby overruling, in part, the Court's previous decisions in Sattva and Teal Cedar. Most recently, in Wastech, the Court split in its approach to the issue, with the majority leaving the resolution of the issue to another day, and the concurring judgment determining that Vavilov did change the standard of review for commercial arbitration appeals.  

Our speakers will discuss the various approaches to the issue taken by the lower courts and the Supreme Court of Canada and offer their predictions as to how the issue will ultimately be resolved. Tom Posyniak intervened on behalf of the BCICAC on the Vavilov case and urged the Supreme Court of Canada not to alter the standard of review for commercial arbitrations. Our other speaker, Clayton Gallant, has been involved in two cases since Vavilov where this issue has arisen. Please join us for an engaging discussion and Q & A on this issue. 

Territorial Acknowledgement
This event will be broadcast from the traditional and unceded territory of the Coast Salish peoples, including Tsleil-Waututh, Squamish and Musqueam First Nations. We encourage members to explore the rich history and knowledge of Indigenous people, and to continue learning about their experience in Canada past and present.

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