Case #086E – Taseko Mines Limited v. Franco-Nevada Corporation

ONTARIO – Arbitration – Standard of Review – The standard of review on an appeal from an arbitral award on a question of law or a mixed question of fact and law is reasonableness. The reasonableness standard is highly deferential to the arbitrator, but the arbitrator is required to decide disputes in accordance with binding precedent and it must reveal that the decision was not based on an irrational chain of analysis.

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Case #084M – Van Doorn v. Loopstra Nixon, 2023 ONSC 1782

ONTARIO – Arbitration – Court Appointment of Arbitrator – Where the arbitration agreement provides no procedure for appointing the arbitral tribunal, the court has the jurisdiction under section 10(1)(a) of the Arbitrations Act, 1991 to make the appointment. Where there are several qualified candidates, the court’s task is to select the arbitrator that is best qualified by profession or occupation to decide the issues given the issues in dispute and the factual matrix in which they arose. Relative adjudicative experience is often a decisive factor.

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Case #082D – Greta Energy Inc. v. Pembina Pipeline Corporation

ONTARIO – Corporations – Right of first refusal in an asset sale and the duty of good faith and honest performance. Allocating price in a manner to discourage the exercise of a right of first refusal in an asset sale is not a breach of the duty of good faith and honest performance. The relationship between the holder of the right of first refusal and a third party is competitive, and parties are entitled to act in their self-interest.

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Case #081D – Husky Food Importers & Distributors v. JH Whittaker & Sons Limited

ONTARIO – Arbitration – Application for Stay – The analytical framework and standard of proof for a stay application has changed. Once the party seeking the stay has shown that the technical requirements establish that there is an arguable case that an arbitration agreement exists, the party seeking to avoid the stay must establish on a balance of probabilities that one of the statutory exceptions to a mandatory stay of proceedings exists.

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