Kluwer: Vento Creates a Rule: If a Reasonable Apprehension of Bias is Established, an Award Must be Set Aside

The Ontario Court of Appeal (“The Court”) has overturned the decision of an application judge who refused to set aside an arbitral award despite a finding of a reasonable apprehension of bias concerning one of the arbitrators. In doing so, the Court stated that when the objective test for bias is met, regarding even one...