Is an arbitrator removed or set aside when it is determined after the fact that one of the arbitrators was acting for the Minister of Highways on an unrelated matter?

British Columbia, Canada


The following excerpt is from Tepei v. ICBC, 2007 BCSC 1694 (CanLII):

Similarly, in Ghirardosi v. British Columbia (Minister of Highways) 1966 CanLII 47 (SCC), [1966] S.C.R. 367, 56 D.L.R. (2d) 469, an arbitrator was removed and an award set aside when it was determined after the fact that one of a panel of three arbitrators on a dispute over the value of compensation to be paid to Ghirardosi for expropriation of his land by the Minister of Highways, was acting for the Minister of Highways on an unrelated expropriation of land.

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