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Arbitration - Appeals [s.45] (2). Chubb Insurance Company of Canada v. Zurich Insurance Company
In Chubb Insurance Company of Canada v. Zurich Insurance Company (Ont CA, 2026) the Ontario Court of Appeal allowed an appeal, here brought against an earlier Superior Court appeal order that "decided that Chubb and Zurich were both insurers and that they should therefore share responsibility for paying benefits", and that from an arbitration that held that "Chubb was responsible for paying all benefits".
Here the court considers arbitration appeal routes under s.45 ['Appeals - Appeal on question of law'] of the Arbitration Act:a. Appeal rights and standard of review
[40] Section 45 of the Arbitration Act, 1991, S.O. 1991, c. 17, provides for a right of appeal to the Superior Court, with leave, on a question of law, unless the parties agree otherwise. In this case, the arbitration agreement between the parties provided that the parties can appeal the arbitration award on a question of law or a question of mixed fact and law.
[41] Section 49 of the Arbitration Act provides for a further right of appeal to this court, with leave.[3]
[42] Where there is a statutory right of appeal from an arbitration decision, the appellate standard of review applies: Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, [2019] 4 S.C.R. 653, at para. 37. Questions of law are to be reviewed on a standard of correctness: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, at para. 8; Travelers Insurance Company of Canada v. CAA Insurance Company, 2020 ONCA 382, 151 O.R. (3d) 78, at para. 14; and Continental Casualty Company v. Chubb Insurance Company of Canada, 2022 ONCA 188, 22 C.C.L.I. (6th) 1, at paras. 46-48. Absent an extricable question of law, questions of mixed fact and law are to be reviewed on a palpable and overriding error standard: Housen, at para. 36.[4]
[43] Finally, this court owes no deference to the appeal judge’s decision on questions of law.
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