News + Insights

In an endorsement released on August 31, 2025, Simon Bieber, Sean Blakeley, and Ritika Rai successfully obtained an order in the Ontario Superior Court of Justice - Commercial List disqualifying and removing an arbitrator as a result of a reasonable apprehension of bias. They did so with extraordinarily able research and drafting assistance from Kate Shackleton, who was a summer law student with our firm at the time. 

This order followed a motion within the arbitral proceeding in which the arbitrator declined to remove himself on the basis that there was no reasonable apprehension of bias. He did so despite having earlier describing himself as having "a clear appearance of conflict." On this expedited application, Justice Osborne disagreed with the arbitrators assessment and removed him pursuant to section 13(1) of the Arbitration Act, 1991.

Justice Osborne's reasons provide a helpful summary of the leading appellate case law governing the circumstances under which a court will intervene to remove an arbitrator for alleged bias, or a reasonable apprehension thereof.

In applying that jurisprudence to the facts of this case, Justice Osborne emphasized that "the appearance of bias is just as important as the reality", that the court need only be satisfied that the circumstances may give rise to a reasonable apprehension of bias, and that in considering whether the test is met, it is necessary to consider the facts and circumstances arising after the disclosure/discovery of a conflict or potential conflict, as well as before.