McRae v. Lemay

McRae v. Lemay

The award stands: a post-award draft memorandum and oral statements by the arbitrator that are not incorporated into the award do not show a mistake on the face of the award and are insufficient to set it aside; absent fraud, a mistake apparent on the award or an admission by the arbitrator, courts will not interfere with a final arbitration award.

Citation
(1890) 18 SCR 280
Parties
Appellant / Defendant: John A. McRae and Company; Respondent / Plaintiff: E.F. Lemay and Lemay & Son
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
10 December 1890
Procedural Posture
Civil Appeal (arbitration Award) / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed with costs
Legal Topics
Setting Aside Arbitration Award, Finality of Submission, Mistake on the Face of Award, Admissibility of Post Award Material, New Evidence
Source Language
English
Arbitration Contract Civil Procedure Setting Aside Arbitration Award Finality of Submission Mistake on the Face of Award Admissibility of Post Award Material New Evidence

Case Brief

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Parties

John A. McRae and Company

Appellant / Defendant

E.F. Lemay and Lemay & Son

Respondent / Plaintiff

Procedural Posture

Civil Appeal (arbitration Award) / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether an arbitral award may be set aside for mistake not appearing on the face of the award or in a paper forming part of it
  2. 2 Whether a post-award draft memorandum or oral statements by the arbitrator can be used to impeach the award
  3. 3 Whether discovery of new evidence entitled the appellants to have the award set aside or remitted

Ratio Decidendi

The award stands: a post-award draft memorandum and oral statements by the arbitrator that are not incorporated into the award do not show a mistake on the face of the award and are insufficient to set it aside; absent fraud, a mistake apparent on the award or an admission by the arbitrator, courts will not interfere with a final arbitration award.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs.