Difference between revisions of "Family Law Arbitration"

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


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