Gannon Beaulne, Jeff Leon and Miranda Cooper co-author the fourth chapter of the 2024 edition of the Annual Review of Civil Litigation. Their chapter, titled "Tall Ships Cast Long Shadows: Judicial Scrutiny of Arbitral Awards in 2024 and Beyond," discusses the impact of the Supreme Court of Canada's decision in Tall Ships Development Inc. v. Brockville (City) on the applicability of arbitration laws. The dispute arose from a public-private partnership for waterfront development in Brockville, where Tall Ships Development Inc. sought to recover overages in construction costs and other claims.
The authors examine the evolving limits of judicial intervention in Canadian arbitration, focusing on the Ontario Court of Appeal’s decision in Tall Ships Development Inc. v. Brockville (City). The case involved a public-private partnership dispute that led to arbitration and court challenges. The Court of Appeal emphasized that only extricable errors of law may be appealed under section 45, and that section 46 cannot be used to disguise appeals as procedural fairness issues. The Supreme Court’s refusal to grant leave to appeal solidified this restrained approach. The chapter argues that Tall Ships strengthens the finality of arbitration and signals a broader shift toward judicial non-interference, a trend gaining traction across Canada.
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