Case information

Arbitration — Appeals — Question of law — Contracts — Interpretation — Parties entering into agreement providing for magazine production featuring luxury condominium building — Parties disagreeing as to payment model and amounts owing under agreement — Arbitrator concluding change in scope of project leaving applicant with amounts owing — Leave to appeal arbitral award sought pursuant to Arbitration Act but denied — Denial of leave confirmed on appeal — Can a court review the evidence that was before an arbitrator in order to determine whether an applicant has identified a question of law arising out of the award? — What is the standard of review applicable on an appeal from an arbitration award? — Arbitration Act, R.S.B.C. 1996, c. 55, s. 31.

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The applicant, 1550 Alberni Limited Partnership (“Alberni”), is in the real estate development business. It entered into a contract with the respondent, Northwest Community Enterprises Ltd. (“Northwest”), a magazine production service, for the production of a promotional magazine for the sale of a luxury condominium building. The parties disagreed about the payments owing under the contract and the matter was sent for arbitration. The arbitrator found in favour of Northwest, concluding that the project had changed in scope resulting in increased production costs. The chambers judge dismissed Alberni’s petitions to set aside the arbitral award and for leave to appeal the arbitral award, having found that the arbitrator did not make an arbitral error or error of law. The Court of Appeal determined that there was no error in the judgment below, and it dismissed Alberni’s appeal.