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POT RETAILERS fail to persuade LEAVE TO APPEAL arbitratorís Order at industrial condo 2021/01/05 21:32  
Not legal advice as usual

Industrial condo tolerates Declaration-defying non-industrial but arguably auxiliary commercial uses.

In 2016 - despite the Declarationed industrial-only prohibition - it even purports to pass some sort of RULE selectively granting some sort of grace for some but NOT ALL such COMMERCIAL activity .

( Prohibited auxilliary sorta non-industrial uses appear to be traffic-generators / parking congesters like churches, restaurant , school )

With the 2018-19 rollout of limited cannabis retailing, one owner or occupant ( Cannaco cannabis ) among other unspecified activity - starts selling cannabis commercially out of its units .

In June 2020 a NO CANNABIS SALE Rule expansion beats a Rule-requisition vote.

Enforcement ensues and culminates in an arbitration award by retired ONCA Justice ( 2003-17 ) Robert Blair & the POT SALE IS ORDERED HALTED !

The pot sellers here fail in attempt to override the arbitral decision by seeking JUDICIAL LEAVE to appeal - on an alleged but rejected error in law Ė arbitrator Blairís order.

They are refused such leave but get an extension by 10 weeks . The arbitral award is un-reviewed.

Judge discusses default right to appeal arbitral decision with leave on questions of law where the Arbitral Agreement is silent as to pre-empting or widening such grounds for appeal.

Here the Arbitral Agreement is cited silent as to such but the leave seeker fails to meet criteria to obtain leave to appeal.

More rope-a dope about standard of review : ( TEAL 2017 S.C.C. ). At least here there'll be something left for the losers to smoke albeit socially-distanced . . .

1852998 Ont Ltd v Halton C.C. # 227 2021 ONSC 21
issued Jan 4/21

Arbitration Act 1991 S.O. 1991 CH 17



Appeal on question of law

45 (1) If the arbitration agreement does not deal with appeals on questions of law, a party may appeal an award to the court on a question of law with leave, which the court shall grant only if it is satisfied that,

(a) the importance to the parties of the matters at stake in the arbitration justifies an appeal; and

(b) determination of the question of law at issue will significantly affect the rights of the parties. 1991, c. 17, s. 45 (1).


(2) If the arbitration agreement so provides, a party may appeal an award to the court on a question of law. 1991, c. 17, s. 45 (2).

Appeal on question of fact or mixed fact and law

(3) If the arbitration agreement so provides, a party may appeal an award to the court on a question of fact or on a question of mixed fact and law. 1991, c. 17, s. 45 (3).

Powers of court

(4) The court may require the arbitral tribunal to explain any matter. 1991, c. 17, s. 45 (4).


(5) The court may confirm, vary or set aside the award or may remit the award to the arbitral tribunal with the courtís opinion on the question of law, in the case of an appeal on a question of law, and give directions about the conduct of the arbitration. 1991, c. 17, s. 45 (5).

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