6524443 Canada Inc. v. Toronto (City)

2017 ONCA 486, 279 A.C.W.S. (3d) 683, 2017 CarswellOnt 9006; Lerners acted for the respondent, the City of Toronto, in this appeal from a decision quashing the appellant’s Notice of Appeal regarding an arbitrator’s determination of fair market rent. The Court of Appeal dismissed the appeal for two reasons. First, the motion judge correctly refused to admit the appellant’s affidavit as it was inadmissible evidence of negotiations and the parties’ subjective intentions. Second, the motion judge reasonably concluded that the Arbitration Agreement was intended to be the stand-alone agreement governing the arbitration and any rights of appeal. This agreement did not provide for an appeal on a question of fact or on a question of mixed fact and law. Section 45(1) of the Arbitration Act, 1991 provides that absent an arbitration agreement providing otherwise, a party may appeal on a question law alone, with leave.