Case #038E – Electek Power Services Inc. v. Greenfield Energy Centre Limited Partnership
ONTARIO - An application to set aside an arbitrator’s decision as to jurisdiction on the basis that there was no arbitration agreement is a hearing de novo not an appeal.---There is no binding arbitration agreement where there was no meeting of the minds of the parties to arbitrate.--- Where a Court sets aside an arbitral award on the basis that there was no arbitration agreement, section 17(9) of the Arbitration Act, 1991 is inapplicable and there is a right of appeal.