“The decision of an Arbitrator deserves as much deference on appeal as does the decision of a trial judge: Reati v. Racz, 2016 ONSC 1967, 81 R.F.L. (7th) 166 (Ont. S.C.J.), at para. 28.
Considerable deference is paid to decisions of first instance because trial judges and Arbitrators have the opportunity to observe first-hand both the witnesses and the family dynamics. An award should not be set aside where the arbitration award was based, in part, on findings of credibility and significant non-disclosure by a party, see Gragtmans v. Gragtmans, 2020 ONSC 5322.
Moreover, as the Court of Appeal held in Petersoo v. Petersoo, 2019 ONCA 624, 29 R.F.L. (8th) 309 (Ont. C.A.), at para. 35:
Mediation/arbitration is an important method by which family law litigants resolve their disputes. Indeed, the courts encourage parties to attempt to resolve issues cooperatively and to determine the resolution method most appropriate to their family. The mediation/arbitration process can be more informal, efficient, faster and less adversarial than judicial proceedings. These benefits are important with respect to parenting issues, which require a consideration of the best interests of children. The decision of an Arbitrator, particularly in child related matters, is therefore entitled to significant deference by the courts.
Appellate courts cannot interfere with a discretionary decision just because they would have reached a different conclusion. Only where the original decision exceeds a generous ambit within which reasonable disagreement is possible and is plainly wrong can an appellate court interfere: Slaughter v. Slaughter, 2013 ONCA 432 (Ont. C.A.), at para. 6.”