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Ontario’s Superior Court of Justice set aside the arbitration award after the arbitrator had refused to grant the father’s third request for adjournment – rather than defer to the arbitrator’s discretion, the court cited the absence of consideration of prejudicial impact of an adjournment, vis-a-vis a refusal to adjourn, and found the father not to have been treated equally and fairly.

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Daughter failed in her role as fiduciary towards her father, and defendants’ posture amounted to more than mistake

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