ONTARIO – Where a judge holds a defendant in contempt of the court’s orders, judgment against the contemnors for the plaintiff’s claim, without allowing an opportunity to defend the action, is not an appropriate remedy, even where the contempt is flagrant and serious.
Continue readingCASE #010D – Jencel 407 Yonge Street Inc. v Bright Immigration Inc. and Ramroop
Ontario – Court refuses to stay a proceeding in favour of arbitration when the case is a proper one for summary judgment and it would be unfair or impractical to refer the matter to arbitration – Arbitration Act, 1991, s.7(1)- (2).
Continue readingCASE #009E – Ontario First Nations (2008) Limited Partnership v. Ontario Lottery and Gaming Corporation
Ontario – The standard of review to be applied by a judge hearing an appeal from an arbitration award is reasonableness unless a legal principle is readily extricable. ONCA declined to consider whether the “reasonableness” standard of review is overtaken by “correctness” standard in Vavilov because that was not an issue necessary to decide this appeal.
Continue readingCASE #011E – Pezo v. Pezo et al
Ontario – Court stays OBCA oppression remedy proceeding in favour of mandatory arbitration clause but directs majority shareholder and the corporation to produce documents in the arbitration pursuant to s.6(1) of the Arbitration Act, 1991. Court also directs majority shareholder and corporation to pay the minority shareholder interim disbursements for the arbitration.
Continue readingCASE #015E – MDS Inc. v. Factory Mutual Insurance Company
ONTARIO – ONCA provides guidance as to the exercise of discretion under s. 130 of the Courts of Justice Act relating to pre-judgment at a higher rate and compounded.
Continue readingCASE #014D – Razar Contracting Services Ltd. v Evoqua Water Technologies Canada Ltd. and Intact Insurance Company
MANITOBA – A statement in a purchase order referring to an arbitration clause on a party’s website is not enough to create a valid and enforceable arbitration agreement. Court holds that parties did not mutually consent to arbitration as there was no signed agreement to arbitrate.
Continue readingCASE #012D – Panasonic Eco Solutions Canada Inc. v XL Speciality Insurance
Ontario – ONCA holds that insurer has no duty to defend claims based on breach of contract that were excluded from coverage in a professional errors and omissions policy.
Continue readingCASE #001E – The Russian Federation v. Luxtona Limited
Ontario – Appeal under UNCITRAL Model Law from arbitrator’s jurisdiction ruling is a de novo hearing on which parties may submit new evidence as of right
Continue readingCASE #003E – Star Woodworking Ltd. v. Improve Inc.
Ontario – Multiplicity of proceedings not a basis to refuse a stay of action in favour of arbitration. This case considered whether the Court should stay four actions under s. 7(1) of the Arbitration Act, 1991 (“Arbitration Act”) pending the disposition of a condominium dispute arbitration. Justice Myers noted that the condominium corporation was a necessary party but really “a bit player”.
Continue readingCASE #004E – Corner Brook (City) v. Bailey
Supreme Court of Canada – There is no special rule of contractual interpretation that applies only to releases. A release is a contract to which the general principles of contractual interpretation apply. Standard of appellate review based on correctness requires an extricable error of law.
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