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ONTARIO – Arbitration – Jurisdiction – International Commercial Arbitration Act, 2017, SO 2017, c 2, Sch 5 (“the ICAA” – Model Law on International Commercial Arbitration, (“the Model Law”) Article 34 – Where parties agreed that an international arbitration relating to a particular dispute under their agreement would take place in Ontario under Ontario law, an application to set aside that arbitration award must be made to the Ontario Superior Court, despite a forum selection clause in the parties’ agreement that selected the Courts of the State of New York for the resolution of all other disputes.

ONTARIO – Arbitration – Meaning of “fraud” in ss. 46(1)9 and 47(2) of Arbitration Act 1991, S.O. 1991, c. 17 (“the Act”) – Application to set aside an arbitral award on the basis that it was obtained by “fraud” must show evidence of actual fraud not “constructive fraud”. The 30 day time limit for an appeal or an application to set aside an arbitral award under s. 47(2) is not extended by evidence of “constructive fraud”.

ONTARIO – Appeals – Standing – Where a party’s non-lawyer representative was permitted to represent the appellants and make submissions on their behalf at trial, and no challenge was brought either prior to or during the trial, it was an error for the trial judge to strike the appellants’ statement of defence based on a lack of standing. The trial judge had discretion under Rule 2.03 of the Rules of Civil Procedure to dispense with compliance with the Rule 15.01(1) requirement that the appellants be represented by a lawyer.

ONTARIO – Appeal – Standard of Review – Contractual Interpretation – Absent error, the application judge’s interpretation of a contract is owed considerable appellate deference and is reviewable on a standard of “palpable and overriding error”.

CANADA – ONTARIO – Administrative Law – Judicial review is available for matters not covered by a statutory right of appeal. Judicial review is available to challenge allegedly unreasonable or procedurally unfair decisions of administrative tribunals despite a limited statutory right of appeal on questions of law.

ALBERTA – Injunction – There are limited circumstances in which an injunction can be used to stop a beneficiary from drawing on an Irrevocable Letter of Credit. A strong prima facie case is required.