In Rathee v. Rathee (Ont CA, 2024) the Ontario Court of Appeal allowed a family law appeal, this from a JR, this against a family arbitration regarding spousal support.
Here the court comments on a leading family arbitration case:
[22] In a leading family law arbitration case, Petersoo v. Petersoo, 2019 ONCA 624, Benotto J.A. said, at paras. 35 and 36:
Mediation/arbitration is an important method by which family law litigants resolve their disputes. Indeed, the courts encourage parties to attempt to resolve issues cooperatively and to determine the resolution method most appropriate to their family. The mediation/arbitration process can be more informal, efficient, faster and less adversarial than judicial proceedings.
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The essence of arbitration is that the parties decide on the best procedure for their family. Although the family law of Ontario must be applied, the procedures on an arbitration are not meant to mirror those of the court.
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