Granting Adjournments in Family Law Arbitrations

The Ontario Superior Court of Justice recently dealt with the interesting issue of what an arbitrator must consider when making a determination about a party’s request to adjourn an arbitration hearing, so as to ensure that all parties are treated equally and fairly. What Happened? The parties signed their minutes of settlement in September 2011, which resolved the issue of child support for their two children, born in December 1995 and November 1991. At that time, the parties agreed to refer any future disputes regarding child support to arbitration with an arbitrator, AC. A disagreement later arose with respect to the child support obligations of the father. In January 2015, the parties signed an arbitration agreement, agreeing to submit the dispute to arbitration with AC. Less than one month later, the father sought an adjournment on the basis that he was going to be out of the country on those dates, and on the basis that he might retain an expert, which AC granted.…

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