Is there any case law where an umpire considered information of one party without the knowledge of the other party?
Manitoba, Canada
The following excerpt is from SGI v. Marostica, 2022 MBQB 35 (CanLII):
This case is not one where there are allegations that the umpire considered information of one party without the knowledge of the other, or that he was not impartial or considered information about one of the appraisers that may have coloured his decision. The facts of this case are quite different from those in Peace Hills General Insurance Company v. Doolaege, 2005 ABQB 217 (“Peace Hills”) where the umpire received correspondence from one appraiser without the other’s knowledge, and the other appraiser was not provided with the correspondence which included inflammatory comments about the appraiser who is given little, if any, opportunity to respond. Also in that case, following the hearing, the umpire received and considered additional submissions from one appraiser without the knowledge of or any response from the other, and changed his decision to reflect those submissions. That is a significantly different set of facts from those in this case.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a party entitled to party and party costs? (Manitoba, Canada)
Is a party entitled to an accounting from the Financial Reporting Authority (FPA) without a separation of the parties? (Manitoba, Canada)
Can an application to suppress the true identity of parties to contemplated litigation be made without notice to the other parties? (Manitoba, Canada)
If a decision is not in favour of both parties, should both parties consider retaining counsel? (Manitoba, Canada)
When a payor's pension is equalized with respect to property equalization, does the court need to consider the equalization also consider the value of the payor’s pension? (Manitoba, Canada)
Can a self-represented litigant in a personal injury action proceed without the assistance of a defending party? (Manitoba, Canada)
In what circumstances will a party be bound by a third party's expectation of receiving something in return? (Manitoba, Canada)
Can an applicant argue that an arbitrator or tribunal has not explicitly considered every argument or issue raised by the parties? (Manitoba, Canada)
Are party and party costs appropriate on Class III on a motion? (Manitoba, Canada)
What is the test for determining whether a party can obtain damages from a party who infringes the same law? (Manitoba, Canada)
