Johnston v. Octaform Inc.

Johnston v. Octaform Inc.

Petition dismissed: none of the alleged circumstances, individually or cumulatively, met the statutory and common‑law test for justifiable doubts/real danger of bias; several challenges were time‑barred under s.13(2) ICAA; the arbitrator acted within his procedural and substantive discretion in admitting and...

Source-derived case information.

Citation
2024 BCSC 537
Parties
Petitioner: Bruce Johnston; Petitioner: Alba Lozano; Respondent: Octaform Inc.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 April 2024
Procedural Posture
Petition to Remove Arbitrator Under the International Commercial Arbitration Act (icaa) / In Chambers Judgment on Petition; Underlying Arbitration Ongoing
Outcome
Petition dismissed
Legal Topics
Recusal of Arbitrator, Reasonable Apprehension of Bias, ICAA Challenge Procedure (s.12, S.13), Interim Measures/freezing Order, Admissibility of Expert Reports
Source Language
english
Arbitration Law Administrative Law Civil Procedure Employment Law Evidence Recusal of Arbitrator Reasonable Apprehension of Bias ICAA Challenge Procedure (s.12, S.13) +2 more

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Parties

Bruce Johnston

Petitioner

Alba Lozano

Petitioner

Octaform Inc.

Respondent

Procedural Posture

Petition to Remove Arbitrator Under the International Commercial Arbitration Act (icaa) / In Chambers Judgment on Petition; Underlying Arbitration Ongoing

Legal Issues

  1. 1 Whether circumstances gave rise to justifiable doubts/real danger of bias under s.12(3.1) ICAA
  2. 2 Whether challenges were time‑barred under s.13(2) ICAA
  3. 3 Whether arbitrator became unable to perform functions under s.14 ICAA

Ratio Decidendi

Petition dismissed: none of the alleged circumstances, individually or cumulatively, met the statutory and common‑law test for justifiable doubts/real danger of bias; several challenges were time‑barred under s.13(2) ICAA; the arbitrator acted within his procedural and substantive discretion in admitting and redacting the reply expert report, assessing preliminary credibility for interim relief, issuing a freezing order calibrated to claimed exposure, and proceeding with arbitration under s.13(7).

Court Disposition

Petition dismissed

Orders

  • Petition dismissed
  • Parties granted leave to speak to costs