ONTARIO – Arbitration - Where an arbitrator has broad powers to hear all motions and to determine the procedure to be followed in a commercial arbitration between sophisticated parties, the arbitrator has jurisdiction to determine the matter by way of a summary judgment motion. The advantages flowing from a properly invoked summary judgment process have equal application in the arbitration and the civil trial context.

ONTARIO – Under section 132 of the OBCA, the onus is on the officer or director with a personal interest in a contract to ensure it is reduced to writing, and is disclosed and approved by the corporation’s board. The court’s jurisdiction in a wind up or liquidation under section 207 of the OBCA is not limited to that of a claims officer appointed to adjudicate contested liquidation claims. In the context of a shareholder dispute, the court has broad powers to make any just and equitable remedy.

ONTARIO – There is no further right of appeal from a Superior Court judge’s decision that reviewed an Arbitrator’s decision on a preliminary question that is not addressed in an award.

ONTARIO – Interference with a Receiver’s order and right to deal with property of the debtor, being shares in an Ontario company, by filing a criminal complaint in another country challenging the Receiver’s actions and disobeying the order constitutes civil contempt.

ONTARIO – Company - Failure to document an agreement that equity contributions were in fact a loan is fatal. There must be an agreement or meeting of the minds. A minority shareholder is entitled to audited financial statements unless the shareholder has waived his or her right to statements.

ONTARIO – The common-law test for recognition and enforcement of original foreign judgments does not apply to the recognition and enforcement of ricochet judgments, namely, a judgment of a foreign court that is then enforced in a jurisdiction with which the original judgment has no connection.