ONTARIO – Application for Leave to Appeal of Arbitration Award – Section 45(1)-(2) of Arbitration Act – Leave to appeal refused where there were no errors of law by the arbitrator and the arbitration agreement stated that the arbitrator’s decision was final.

Ontario – Arbitration – Recognition and Enforcement Application in Ontario of an Italian Arbitral Award against a non-party was temporarily stayed on the basis of forum non conveniens pending the outcome of an Italian court proceeding on whether the Respondent (not a party to the arbitration) assumed liability under the foreign arbitral award.

ONTARIO – Partnership Agreement – The existence of a partnership is fact specific. The indicia of a partnership include contributions of money, property, effort, knowledge, skill or other assets to a common undertaking, a joint property interest in the subject-matter of the adventure, the sharing of profits and losses, a mutual right of control or management of the enterprise, the filing of income tax returns as a partnership and joint bank accounts. If sufficient indicia of a partnership are present, a partnership may exist based on an oral agreement.

ONTARIO- ARBITRATION-Enforcement & recognition of a foreign judgment-Real & Substantial Connection Test.

ONTARIO – Arbitration – Costs – Subsection 15(c) of the Tarion Addendum to an agreement of purchase and sale (APS) changes the costs regime imposed by s. 131 of the Courts of Justice Act and the Rules of Civil Procedure (“RCP”). The general rule of costs following the event under the RCP does not govern and purchasers are presumed entitled to their costs regardless of the outcome of the arbitration. The arbitrator may only deviate from the presumption that the vendor pays the arbitrator’s fees and disbursements and the reasonable fees and disbursements of the purchaser for just cause.

ONTARIO – Contract law – Contracts – Breach of Contract – Duty of Good Faith, Conversion, Breach of Confidence, Breach of Fiduciary Duty – Non-competition covenants — Torts — Independent Contractor Agreements.