Ontario Court orders removal of arbitrator in construction dispute

The Ontario Superior Court of Justice has ordered the removal of an arbitrator from an ongoing construction arbitration between Atkinsréalis Construction (Pacific) Inc. and GIP Construction Ontario East Ltd.

The dispute involves claims regarding project delays and scope changes related to the Trillium Line Extension Stage 2 Project in Ottawa. The arbitrator, Stephen Richard Morrison, was removed after the Court determined that his prepared, adversarial questioning of the applicant’s two principal witnesses created a reasonable apprehension of bias.

While the Court acknowledged the arbitrator’s good faith, construction expertise, and the parties' prior acceptance of an inquisitorial approach, it ruled that the conduct failed to preserve the appearance of neutral adjudication. The decision emphasizes that an arbitrator's actions must appear neutral to an informed, reasonable observer, regardless of sincere intentions.