Can an arbitrator appeal an award made under a crop insurance policy?
British Columbia, Canada
The following excerpt is from Bal v. British Columbia (Agriculture), 2013 BCSC 1941 (CanLII):
In Aquilini v. British Columbia (Agriculture and Lands), 2012 BCSC 1896 [Aquilini], Mr. Justice Bowden granted leave to appeal an arbitration award made under what appears to be the same crop insurance policy in issue in this case. Mr. Justice Bowden concluded, at paras. 39-40, that the arbitrator’s failure to properly interpret the terms of the policy applicable to calculating the indemnity and, in particular, the manner in which he purported to apportion a loss as between insurable and uninsurable perils, gave rise to a question of law that satisfied the threshold requirement of s. 31 of the Arbitration Act.
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