In Abraham et al v. Abraham, 2025 ONSC 770, the Ontario Superior Court clarified the narrow grounds for appealing arbitral awards under Ontario’s Arbitration Act, 1991. Justice A. Kaufman drew a clear line between appeals on legal questions (s. 45) and judicial review for procedural unfairness (s. 46).
The dispute stemmed from a family business conflict. The Applicants challenged the arbitration outcome, alleging legal errors and procedural unfairness. But the arbitration agreement didn’t permit appeals on questions of law, and the court found no breach of procedural fairness.
Key Takeaways:
No express right to appeal? No appeal. Parties must include clear language in the arbitration clause if they want the right to appeal an award on legal grounds. Procedural fairness challenges face a steep hill. Section 46 applies only where there’s serious misconduct, like bias or denial of a fair hearing. Courts will not intervene lightly. Courts defer to arbitration. Finality is the point of arbitration. Unless a statutory exception applies, the award stands.
Practical Tips:
Draft arbitration clauses with precision. Define whether and how appeals are allowed. Maintain procedural fairness to avoid section 46 challenges. Choose arbitration deliberately—it trades broad appeal rights for efficiency and finality.
The decision confirms: if you want room to fight an award, build it into the agreement from the start.
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