CONTRACT - expert determination clause - general principles - expert's discretion regarding process of valuation
BIAS - expert determination clause - actual bias - heavy onus on party alleging bias - communications prior to formal appointment
BIAS - expert determination clause - apprehended bias - necessity for connection between relevant conduct and likelihood that decision-maker might not decide question on merits
BIAS - expert determination clause - apprehended bias - principle of apprehended bias will rarely apply to experts - policy and principle
PRACTICE & PROCEDURE - advisory opinion - theoretical issue - dispute not yet crystallised - not appropriate to determine