SCC in Wastech offers hope for Vavilov reprieve in arbitration

By William Horton (February 9, 2021, 8:43 AM EST) -- When the decision of the Supreme Court in Canada (Minister of Citizenship and Immigration) v. Vavilov 2019 SCC 65 was released, the commercial arbitration community collectively drew its breath. The Vavilov decision made no reference to previous decisions of the court which had set a high-water mark for deference to decisions of commercial arbitrators: Sattva Capital Corp. v. Creston Moly Corp. 2014 SCC 53, and Teal Cedar Products Ltd. v. British Columbia 2017 SCC 32. However, the silence was ominous, particularly since at least one intervener in the Vavilov appeal had exhorted the court to make it clear that its decision in that case (whatever it may be) would have no application to commercial arbitration....