What is the test for asking an arbitrator for private communications?
Ontario, Canada
The following excerpt is from Welland (City) v. Welland Fire Fighters Association, Local 481, 1982 CanLII 3237 (ON SCDC):
Counsel have referred us to an old case which sets forth this principle as well as any. It is an Ontario decision which is more than 120 years old, Williams v. Roblin (1858), 2 P.R. (Ont.) 234, where at p. 237 in the judgment of Richards J. [quoting from Russell on Awards, 1st ed., p. 185] the following appears: "Neither side can be allowed to use any means of influencing the mind of an arbitrator which are not known to and capable of being met and resisted by the other. As much as possible the arbitrator should decline to receive private communications from either litigant respecting the subject matter of the reference."
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