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Difference between revisions of "Family Law Arbitration"
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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 | 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. | ||