Arbitrator’s Ruling Went Beyond the Scope of the Arbitration Agreement

Smyth v. Medical Advisory Committee of the Perth
2007 CanLII 46718 (ON S.C.) – November 2, 2007

Arbitration ruling (the “Ruling) – The parties agreed to have the issues pertaining to the Medical Advisory Committee’s denial of Dr. Smyth’s request for hospital privileges dealt with by way of binding and confidential arbitration – The Arbitrator’s Ruling supported the denial of his reappointment to the medical staff at Falls District Hospital – Dr. Smyth applied to have the Ruling set aside, arguing that the Arbitrator dealt with issues that went beyond the scope of the Arbitration Agreement – He submitted that the issues to be dealt with at the Arbitration were intended to be two narrow issues that were specifically reiterated in the Arbitration Agreement – The Respondents argued that the what was put before the arbitrator was the appropriateness of the Medical Advisory Committee’s recommendation and the broader issue of the disposition of Dr. Smyth’s application for reappointment – The Court disagreed with the Respondent’s position and found that the only two issues that were to be dealt with at the arbitration hearing were the two issues specifically reiterated in the Arbitration Agreement – Had the parties intended the scope of the Arbitration Agreement to include additional matters, specific wording, such as a basket clause, would have been included in it – The Ruling made by the Arbitrator clearly dealt with matters beyond the scope of the two specific issues set out in the Arbitration Agreement – The Ruling was set aside and a new Arbitration hearing on the two specific issues was ordered – Dr. Smyth was granted full hospital privileges pending the completion of the new arbitration hearing.

http://www.canlii.org/en/on/onsc/doc/2007/2007canlii46718/2007canlii46718.html

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5 February 2008 | Ideas and Opinions | Comments