Family Law Arbitration: Difference between revisions
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→Changing, challenging and appealing awards
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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. The Board of Police Commissioners of Prince Albert]'', a 1987 decision of the Saskatchewan Court of Appeal, the court | 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 has to be proven to show a real danger of bias, saying 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. | <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> | ||
====Challenging awards==== | |||
===Other uses of arbitration=== | ===Other uses of arbitration=== |