Does an arbitrator agree that he was functus on the issue of scale of costs to be awarded?
Ontario, Canada
The following excerpt is from Italiano v. Toronto Standard Condominium Corporation No. 1507, 2008 CanLII 32322 (ON SC):
In fact, the arbitrator had agreed that he was functus on the issue of the scale of costs to be awarded, but was open to reconsider his award on the issues of quantum of costs and their enforcement by way of payment as common expenses. I agree with him that he was not functus on those issues (Finlay Forest Industries v. I.W.A. Local 1-424 1975 CarswellBC 155).
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