Lincoln Developments Ltd. and Nu-West Developments Ltd., Re, (1981) 33 A.R. 415 (QB)

• Judge: Rowbotham, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 22, 1981
• Citations: (1981), 33 A.R. 415 (QB)

Lincoln Dev. Ltd., Re (1981), 33 A.R. 415 (QB)

MLB headnote and full text

Re Lincoln Developments Ltd. and Nu-West Developments Ltd.

(No. 8101-02673)

Indexed As: Lincoln Developments Ltd. and Nu-West Developments Ltd., Re

Alberta Court of Queen's Bench

Judicial District of Calgary

Rowbotham, J.

December 22, 1981.

Summary:

One of the parties to an arbitration appealed from the awards of the three member arbitration board under a contract for the management of certain residential construction projects.

The Alberta Court of Queen's Bench held that similar awards by two members of the Board constituted a majority decision notwithstanding differences in the reasons for decision and the date of the reasons. The court found that there was no error in law made in arriving at the awards and dismissed the appeal.

Arbitration - Topic 5604

The award - Requisites of valid award - Requirement of disposition of all issues - The Alberta Court of Queen's Bench stated that it was not necessary for an arbitrator to minutely specify and discuss every item placed before him in arbitration - See paragraph 29.

Arbitration - Topic 5571

The award - Arriving at an award - Majority award - What constitutes - The Alberta Court of Queen's Bench held that similar awards by the Chairman and one member of a three member Arbitration Board constituted a majority decision notwithstanding differences in the reasons for decision and the date of those reasons - See paragraphs 8 to 16.

Cases Noticed:

Mijon Holdings Ltd. and Mesza Holdings Ltd. v. City of Edmonton (1980), 23 A.R. 215, refd to. [para. 2].

Zwirner v. Board of Governors of the University Board of Governors of the University of Calgary et al. (1977), 6 A.R. 271, consd. [para. 16].

Prince Albert Pulp Company Ltd. and Parsons & Whittemore Pulpmills Ltd. v. Foundation Company of Canada Limited, [1976] 4 W.W.R. 586; 8 N.R. 181, refd to. [para. 19].

Canadian National Railways v. Canadian Pacific Limited, [1979] 1 W.W.R. 358, consd. [para. 21].

Counsel:

A.D. Hunter and E.P. Groody, for Nu-West Developments Ltd.;

R. Ghitter, for Lincoln Developments Ltd.

This case was heard before ROWBOTHAM, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary who delivered the following judgment on December 22, 1981.