Welcome to Arbitration & Business Cases

Successful commercial arbitration and litigation lawyers must keep current on new developments in their field.

While arbitrators’ awards are typically confidential and unavailable, there is a growing body of court-based jurisprudence about the scope, process and procedures of arbitration, which counsel and arbitrators absolutely need to know about to be effective. There are also many cases on contract interpretation and remedies which are relevant in many commercial arbitrations and litigation.

In this blog, we hope to help commercial arbitration and litigation lawyers stay current by concisely summarizing noteworthy Ontario and other Canadian cases. On some cases, we may add an editorial comment.

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Igor Ellyn,

KC, CS, FCIArb., LSM

iellyn@ellynlaw.com
www.ellynadr.com
416-540-6611 | 416-365-3750

Robin Dodokin,

FCIArb., Q.Arb., LL.M, Q.Med.

robin@dodokinlaw.com
www.dodokinlaw.com
416-300-6515

Kathryn J. Manning

Q.Arb.

kmanning@dmgadvocates.com
www.dmgadvocates.com
416-238-7461

Case #0138H – Opposing Views of Court “Assistance” to Arbitration in Alberta and Ontario – William G. Horton

February 13, 2025

ONTARIO – Arbitration-Court intervention pursuant to s. 6 Arbitration Act, 1991-relief must be as provided under one or more other provisions of the Act- court interpretation is that s 6 is restricts court intervention and there is no automatic right of appeal from a s. 6 order.

Case #0137E – Wang et al v. Wei et al.

February 13, 2025

ONTARIO – Corporations – Oppression Remedy - Canada Business Corporations Act, R.S.C. 1985, c. C-44 (“CBCA”) -Failure of the majority shareholder 1) to permit access to financial records of two corporations; and 2) to transfer the proceeds of sale of properties to the minority shareholders, as agreed in a shareholders’ agreement, was oppressive and unfairly prejudicial to the minority shareholders - Majority shareholder’s payment of part of the sale proceeds to himself without notice an approval of the other shareholders was also oppressive and unfairly prejudicial to the other shareholders, even after due consideration of the “business judgment rule”.

Case #0136E – Bulut v. Bulut

February 13, 2025

ONTARIO – Arbitration – On an application under s. 45(1) of the Arbitration Act, 1991, the Court refused leave to set aside an arbitral award that granted a 50% constructive trust on the basis of good conscience, without a quantified finding of unjust enrichment or any wrongful act. The arbitrator’s imposition of a constructive trust on the basis of good conscience was not an error of law.

Case #0135M – Pyxis Real Estate Equities Inc. v. Canada (Attorney General)

February 13, 2025

ONTARIO – Corporations – Rectification of corporate resolutions is an equitable remedy that is available to correct a document that fails to accurately record the parties' true agreement. The remedy is not available to correct an improvident bargain or fill a gap in the parties’ true agreement. Rectification is only available where the executed documents fail to accurately record the parties’ agreement.