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Cases

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.
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Case #037E – Dealer’s Choice Preferred Collision Centre Inc. v. Kircher et. al.

ONTARIO - Where a plaintiff seeks to amend or substitute another entity for itself, the Court should not make the order unless the “new” plaintiff was an intended plaintiff when the action was commenced, and the defendant reasonably ought to have been aware of which entity was “pointing its litigating finger” in its direction.
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Case #036E – Guaranteed Funeral Deposits of Canada (Fraternal) v. Assurant Life of Canada

ONTARIO - Interpretation of Contracts --- Rescission --- Where a party misrepresented the nature and purpose of an amendment to an agreement, the other party was entitled to rescission, even if the misrepresentation was innocent. Where an important amendment to an agreement is being made, the party proposing it must ensure that knowledge of the amendment comes to the other side.
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Case #035D – Maisonneuve v. Clark

ONTARIO - An arbitration clause did not require specific steps before arbitration could be commenced. Therefore, the limitation period began to run when one side informed the other that they would not enter into further negotiations.
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Case #034D – Parekh et al v. Schecter et al

ONTARIO - Court grants interlocutory injunction enforcing non-competition and non-solicitation covenants contained in a Dentist Associate Agreement related to the sale of a business, preventing the associate of dental practice from i) practicing within a 5 km radius ii) from soliciting clients and iii) from using confidential patient information from the purchased business.
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Case #033D – MacBryce Holdings Inc. et al. v Magnes Partnership et al.

ONTARIO - An “Estimate of Fair Market Value” clause of a Shareholders Agreement was held to provide for an arbitration, not a valuation, even though the nominee had to be a chartered accountant. The arbitrator, not the Court, should determine the valuation date. If the parties could not agree on the selection of the arbitrator, the Court will do so.
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