Is there any case law supporting a fundamental principle that the Tribunal must decide the case on arbitral issues?

Ontario, Canada


The following excerpt is from Tall Ships Landing Devt. Inc. v. City of Brockville, 2019 ONSC 6597 (CanLII):

The Arbitrator himself recognized at paragraph 7 of Award #1 that it was a fundamental arbitral principle that “the Tribunal must decide the case on the arbitral issues, as pleaded” and cited both Rodaro and Moore v. Sweet.

Other Questions


Can issue estoppel prevent parties from re-litigating issues previously decided in another court proceeding? (Ontario, Canada)
Can a tribunal accept an agreement between the parties as to part or all of the issues it has to decide? (Ontario, Canada)
Is it reasonable to impute income to the support payor for the purposes of child support and retroactive child support? (Ontario, Canada)
How have the courts interpreted the principles of the Court of Arbitration for the purpose of making decisions at an arbitrator rather than the court? (Ontario, Canada)
What is the test for using the term issue "issue" in the context of the issue? (Ontario, Canada)
In what circumstances will an arbitrator be bound to follow the interpretation of Arbitrator Starkman’s interpretation of the Interpretation of the Arbitrator's Interpretation in a dispute? (Ontario, Canada)
Does the term "support order" need to be changed to include "support orders" in the definition of a support order? (Ontario, Canada)
Does the principle of corporate separateness override the equitable principles of equitable principles in the context of vicarious liability? (Ontario, Canada)
How has the Arbitrator treated the issue of spousal support in the context of retirement considerations? (Ontario, Canada)
In what circumstances will the court order interim support on a motion for spousal support? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.