“An Arbitrator has an obligation to treat the parties fairly and equally under s.19 of the Arbitration Act.
In his Notice of Appeal, the father asserts that the Arbitrator was biased towards him which, in turn, resulted in a substantial miscarriage of justice. The father further states that he was unable to fully present his case, and that the Arbitrator erred in law by considering aspects of the mother’s evidence which the father perceives to have been irrelevant and inflammatory.
The test for a reasonable apprehension of bias is as follows. Would an informed person, viewing the matter realistically and practically, and having thought the matter through, think that it is more likely than not that the decision-maker, whether consciously or unconsciously, would not decide fairly, see Read v. Alto Properties Inc., 2019 ONSC 1451at para 33.