Difference between revisions of "Family Law Arbitration"

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Section 47 of the ''Family Law Act'' is about varying orders for children's parenting arrangements, section 60 is about varying orders for contact with a child, and section 167 is about varying orders for spousal support.

====Challenging awards====

Under section 19.18(1) of the ''Family Law Act'', you can apply to the Supreme Court to change or cancel an arbitration award for one or five reasons concerning the basic fairness of the arbitration process:

#you have doubts about the arbitrator's independence or impartiality,

#you were not given a reasonable opportunity to be heard during the arbitration process,

#the arbitrator's award was obtained through fraud or duress from the other party,

#the award deals with legal issues not included in your arbitration agreement, or

#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. In ''[Spence v. Spencer and Prince Albert Board of Police Commissioners|https://canlii.ca/t/1prwz]'', a 1987 decision of the Saskatchewan Court of Appeal, the court said that:

“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.

===Other uses of arbitration===

@@ Line 175: / Line 175: @@
 Section 47 of the ''Family Law Act'' is about varying orders for children's parenting arrangements, section 60 is about varying orders for contact with a child, and section 167 is about varying orders for spousal support.
+====Challenging awards====
+Under section 19.18(1) of the ''Family Law Act'', you can apply to the Supreme Court to change or cancel an arbitration award for one or five reasons concerning the basic fairness of the arbitration process:
+#you have doubts about the arbitrator's independence or impartiality,
+#you were not given a reasonable opportunity to be heard during the arbitration process,
+#the arbitrator's award was obtained through fraud or duress from the other party,
+#the award deals with legal issues not included in your arbitration agreement, or
+#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. In ''[Spence v. Spencer and Prince Albert Board of Police Commissioners|https://canlii.ca/t/1prwz]'', a 1987 decision of the Saskatchewan Court of Appeal, the court said that:
+“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.
 ===Other uses of arbitration===

Difference between revisions of "Family Law Arbitration"

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