When and how do I learn the arbitrator’s decision?
The arbitrator’s written decision and reasons are called the “Award”. The arbitrator must deliver an Award to the Provincial Administrator not more than 14 calendar days after the conclusion of your hearing or any subsequent technical inspection. You and the manufacturer each receive a copy of the Award.
If the arbitrator orders repairs, what happens next?
If the arbitrator orders repairs, you and the authorized dealer must co-operate to have them completed within 30 business days of receiving the Award.
If the repairs are unsatisfactory, you can ask the Provincial Administrator to refer the matter back to the arbitrator for up to 90 calendar days from the date the repairs are completed. The arbitrator may decide to hold a teleconference or in-person hearing to receive commentary from you and the manufacturer about the repairs and may order another technical inspection before deciding whether to maintain or change the original Award.
If the arbitrator orders a buy back, what happens next?
If the arbitrator orders a buy back, the manufacturer must complete it within 21 calendar days after receiving the arbitrator’s decision. You must follow all of the buy back steps listed in the Agreement for Arbitration.
If there are problems with the buy back, you or the manufacturer can ask the Provincial Administrator to refer the matter back to the arbitrator who remains responsible for your case until the buy back is completed. The arbitrator may decide to hold a teleconference or in-person hearing to receive commentary from you and the manufacturer about the buy back before deciding whether to maintain or change the original Award.
If the arbitrator makes a monetary Award, when will I get paid?
If the arbitrator orders payment for repairs, diagnostic testing, out-of-pocket expenses or costs associated with a summons to witness or subpoena, the manufacturer will pay you within 21 calendar days after receiving the arbitrator’s decision.
What if the arbitrator rules against me?
If the arbitrator rules for the manufacturer and dismisses your claim, the case is closed.
Can I appeal the Award if I do not like it?
No. A CAMVAP award is final and binding. You and the manufacturer must both obey the arbitrator’s award even if you disagree with it.
You may, however, be able to ask a court to set aside the arbitrator’s decision or order a new hearing based on the criteria set out in the arbitration legislation in your province or territory. This is something you would need to consult your own lawyer about.
What if there is a calculation error or something in the Award that I do not understand?
The arbitration legislation in your province or territory may allow you or the manufacturer to ask the arbitrator for a further explanation or correction if either of you:
- Need the award clarified; or
- Need more information on the reasons for the award; or
- Think the award is incomplete; or
- Believe an injustice occurred (in accordance with applicable arbitration legislation); or
- Find arithmetical errors.
All such requests must be made through the Provincial Administrator within 15 calendar days of receiving the arbitrator’s decision. The Provincial Administrator will pass the request on to the arbitrator and then:
- Forwards the arbitrator’s direction or response to the parties;
- Reopens the matter if directed to do so by the arbitrator;
- Continues to monitor implementation of the Award, if applicable; or
- Closes the file as directed by the arbitrator.
What if I have concerns about the arbitrator or how the arbitrator ran the process?
If you have a complaint about an arbitrator or how the hearing was handled, CAMVAP has a formal complaint process. For details, ask the Provincial Administrator or visit www.camvap.ca.
For the complaint to be considered the arbitrator’s responsibility for the case must be at an end and arbitrator’s award must not be challenged in court. The complaint must be in writing and be received by the General Manager not more than 60 days after the arbitrator’s responsibility for the case has ended.
An independent arbitration specialist engaged by CAMVAP investigates the complaint and reports findings (with recommendations, if appropriate) to you and CAMVAP’s Board of Directors.
The complaint process is not an appeal from the arbitrator’s decision and will not change the outcome of your case in any way.