T. Rielle, advocate, to be their arbitrator, and the plaintiffs named as their arbitrator Joseph Barsalou of Montrial, auctioneer, and the two arbitrators chose as third arbitrator John M. M. Duff, Esq., of Montreal, The arbitrators having proceeded to hold meetings and hear witnesses by decision of a majority, awarded $5,000 to the appellants, their arbitrator dissenting.
The action was brought to set aside the award on the ground inter alia of the gross inadequacy and unfairness of the award, amounting to a fraud appellants' rights, and secondly, but mainly, on the ground that the arbitrators had -taken into consideration, to determine the amount of their award, matters which they had no right to take into account. The evidence given at the trial is reviewed at length in the judgment of Mr. Justice Wurtele, reported in M. L. R. Laflamme Q.C. and Trenholme Q.C. for appellants, contended on the evidence that the two arbitrators had awarded appellants less than they would have done but for the unwarrantable assumption of the existence of -a depot in the vicinity affording access by rail to appellants' property.
evidence that the award was grossly unfair and inadequate. Dalloz Rep. G6n. (5); Re Taylor Ontario Quebec Ry. Co.
Geofrion Q.C. and Abbott Q.C. for respondents, cited and relied on arts. 1353, 1354 C.C. La Compagnie [VOL. XX.