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Set aside strata arbitration award for reasonable apprehension of bias

The B.C. Court of Appeal set aside a strata arbitration award arising from a dispute over an air-conditioning unit. The Court found a reasonable apprehension of bias because the strata’s counsel had engaged in private, ex parte communications with the arbitrators about procedural matters. It emphasized that even communications dealing only with procedure can undermine the appearance of impartiality where they occur without the other party’s knowledge or participation.