As the arbitrator reviewed the medical records an MRI was brought forth suggesting that the injured party's spinal injury was more severe that a sprain / strain.
Not exact matches
Mr. Maher has served
as an
arbitrator of securities cases at the New York Stock Exchange and is the author of a legal book and several legal journal articles and has
reviewed, commented on, and modified proposed securities regulation legislation that became enacted
as law.
The statement here is the first occasion where I have seen a court recognize,
as I see it, this perverse aspect of the limited (or, under the ICSID Convention, non-existent) accountability of
arbitrators to courts; i.e. their ability in effect to choose the standard of
review that will apply to their own decisions.
In 2016, more than 100 individualized responses were provided to lawyers requesting information on topics such
as: lawyer mobility (across Canada and outside Canada); how coverage applies where lawyers enter into indemnity agreements with third parties; coverage for firm general counsel; and whether coverage is available for document
review work or other non-traditional services, such
as those provided by individuals working
as workplace investigators, mediators,
arbitrators, trustees / executors, or escrow agents.
More importantly,
Arbitrator Wilson
reviewed both the Supreme Court of Canada's decision in Clements and the Court of Appeal's decision in Blake and subsequently concluded that the «but for» test is not only the default test for proving causation in tort law but also in accident benefits cases,
as well.
It has added new territories and products, including two new titles,» Global Investigations
Review» and» Global Restructuring
Review»,
as well
as a new workflow application,»
Arbitrator Research Tool».
Selection to the panel of
arbitrators is the result of an extensive
review, including examination of personal qualifications such
as international expertise and reputation.
As for the judicial
review, the court did not suggest that the interpretation adopted by the
arbitrator in Kingston General Hospital was correct, or that it was the only or most reasonable of the alternative interpretations.
He has served
as a labour
arbitrator and mediator, conducted inquiries and
reviews at Canadian, British and American universities, and recently chaired government commissions on employment standards, pensions and workplace insurance.
Neutral, independent legal bill
reviews and analysis of related issues
as court - appointed expert, mediator,
arbitrator, special master, receiver, or the like.
In Ledcor, the Supreme Court articulated the interpretation of a standard form contract
as an exception to the rule that contractual interpretation by a specialized
arbitrator is a question of mixed fact and law subject to deferential
review on appeal.
As such, even though the appeal judge erred in the standard of
review, he did not err by setting aside the
arbitrator's decision.
Arbitrator decisions are
as enforceable
as any court order and are subject to very limited
review by courts or judges.
As a result, while an
Arbitrator can decide a parenting issue, either party is free to seek
review of that decision with the Superior Court in which the case is being heard.
The award shall be in writing and signed by the
arbitrators, or a majority of them, and when so signed and transmitted to each of the parties shall be final and binding, and shall not be subject to
review or appeal except
as required by other provisions of this Manual or by applicable state law.