2,667
edits
Difference between revisions of "Family Law Arbitration"
From Clicklaw Wikibooks
→Changing, challenging and appealing awards
| Line 186: | Line 186: | ||
#the arbitrator exceeded their authority. | #the arbitrator exceeded their authority. | ||
It's important to know that, under section 16.18(2), you can only ask to change or cancel an award because of doubts about the arbitrator's independence or impartiality if there is a "real danger of bias" on the part of the arbitrator. This can be difficult to prove. In ''[https://canlii.ca/t/1prwz Spence v. The Board of Police Commissioners of Prince Albert]'', a 1987 decision of the Saskatchewan Court of Appeal, the court explained what | It's important to know that, under section 16.18(2), you can only ask to change or cancel an award because of doubts about the arbitrator's independence or impartiality if there is a "real danger of bias" on the part of the arbitrator. This can be difficult to prove. In ''[https://canlii.ca/t/1prwz Spence v. The Board of Police Commissioners of Prince Albert]'', a 1987 decision of the Saskatchewan Court of Appeal, the court explained what you have to prove to show a real danger of bias, saying that: | ||
<blockquote>“The test is whether a reasonable person would believe there is a real danger of bias or whether there would be a reasonable suspicion of bias even though unintended.</blockquote> | <blockquote>“The test is whether a reasonable person would believe there is a real danger of bias or whether there would be a reasonable suspicion of bias even though unintended.</blockquote> | ||
==== | ====Appealing awards==== | ||
Under section 19.19 of the ''Family Law Act'', you can appeal all or part of an arbitrator's award to the Supreme Court on: | |||
#a question of law, or | |||
#a question of mixed fact and law. | |||
Questions of law are about which law should be applied to determine a legal issue. Appeals based on questions of law argue that the arbitrator applied the wrong legal test or interpreted the legal test incorrectly. Questions of mixed fact and law are about whether the facts satisfy the legal test | |||
Appeals must be started within 40 days of the date you received the arbitrator's award. | |||
===Other uses of arbitration=== | ===Other uses of arbitration=== | ||
