McKechnie v. McKechnie

McKechnie v. McKechnie

The court held that the operative arbitral award to be enforced was the arbitrator's decision as of August 7, 2003; s.27 restricts post‑award amendments to clerical/arithmetical corrections within 15 days, and the March 18/May 11, 2004 recalculations were not proper amendments and involved impermissible external input on a substantive issue (interest), so the March 2004 award could not be enforced and the August 7, 2003 award is enforceable.

Citation
2004 BCSC 1761
Parties
Petitioner; Defendant: William Cecil McKechnie; Petitioner; Defendant: Robert Edward McKechnie
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
30 November 2004
Procedural Posture
Petitions to Enforce or Set Aside Arbitration Award / Oral Reasons for Judgment (in Chambers)
Outcome
Petition of William McKechnie dismissed; petition of Robert McKechnie granted in part; order enforcing arbitrator's award dated August 7, 2003
Legal Topics
Enforcement of Arbitration Award, Setting Aside Arbitration Award, Arbitral Error, Interest Calculation, Finality of Awards, Natural Justice
Source Language
English
Arbitration Civil Procedure Estate Law Commercial Law Enforcement of Arbitration Award Setting Aside Arbitration Award Arbitral Error Interest Calculation +2 more

Case Brief

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Parties

William Cecil McKechnie

Petitioner; Defendant

Robert Edward McKechnie

Petitioner; Defendant

Procedural Posture

Petitions to Enforce or Set Aside Arbitration Award / Oral Reasons for Judgment (in Chambers)

Legal Issues

  1. 1 Whether the March 18, 2004 arbitration award was enforceable
  2. 2 Whether the arbitrator's decisions of August 1 and August 7, 2003 constituted the final award to be enforced
  3. 3 Whether the arbitrator exceeded his powers or committed an arbitral error by accepting further submissions and third‑party input on interest calculations

Ratio Decidendi

The court held that the operative arbitral award to be enforced was the arbitrator's decision as of August 7, 2003; s.27 restricts post‑award amendments to clerical/arithmetical corrections within 15 days, and the March 18/May 11, 2004 recalculations were not proper amendments and involved impermissible external input on a substantive issue (interest), so the March 2004 award could not be enforced and the August 7, 2003 award is enforceable.

Court Disposition

Petition of William McKechnie dismissed; petition of Robert McKechnie granted in part; order enforcing arbitrator's award dated August 7, 2003

Orders

  • Enforce the arbitrator's award as at August 7, 2003
  • Dismiss the petition of William McKechnie