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.

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”.

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.

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.

ONTARIO – Arbitration – Principles of Natural Justice – The principles of natural justice and sections 19 and 46(1) of the Arbitration Act, 1991 require parties to be given the opportunity to make submissions. They do not require that parties be afforded a second opportunity to make submissions after they expressly declined the first opportunity to do so.

ONTARIO – Corporations - Piercing the Corporate Veil - If corporate entities are completely dominated and controlled by individual debtors and if the corporation is being used as a shield for fraudulent or improper conduct, the court may pierce the corporate veil.