What is the test for an award in an action of trespass referred to an arbitrator?
British Columbia, Canada
The following excerpt is from Quintette Coal Ltd. v. Nippon Steel Corp., 1988 CanLII 2923 (BC SC):
Wrightson v. Bywater (1838), 3 M. & W. 199, 150 E.R. 1114, is a most instructive decision. This was an action of trespass referred to an arbitrator: … who was to settle all matters in difference between the parties at law and in equity, and to order and determine what he should think fit to be done by either party respecting the matters in dispute … Provision was then made for the costs of the cause and of the reference, and power given to enlarge the time for making the award from time to time as occasion should require … and the arbitrator was to be at liberty to make one or more awards, at his discretion.
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