ONTARIO – Arbitration clause found to be inoperative by virtue of single proceeding model in insolvency proceedings and receiver being a creature of a court order. In an insolvency proceeding parties cannot contract out of the single proceeding model where one party may make claims that will affect all creditors.

ONTARIO – A judge does not have discretion to fundamentally alter the relief from forfeiture remedy, such that, new terms of the lease are imposed by the court upon the parties, even during a pandemic. If a tenant cannot bring itself into compliance with the lease within a reasonable, specified time period, relief from forfeiture is not the appropriate remedy.

ONTARIO – Responding to a Request for Proposals is not solicitation. Leave to appeal of arbitral award pursuant to section 45 (1) of the Arbitration Act, 1991 (“Act”) denied. The arbitrator correctly applied the test for assessing the reasonableness of a restrictive covenant in an employment contract and made no errors in law.

ONTARIO – Arbitration – An appeal from a judge, who stayed an action under s. 7(1) of the Ontario Arbitration Act, 1991 in favour of arbitration and determination of jurisdiction by the arbitrator, applied the mandatory provisions of the Act correctly. There were no exceptional circumstances requiring the arbitrator’s jurisdiction to be determined by the court.

ONTARIO - Where there was no consideration for a contract containing a mandatory arbitration clause, the Court exercised its discretion to refuse to stay the action under s. 7(2) the Arbitration Act, 1991, S.O. 1991, c.17 on the basis that the arbitration clause was invalid. Section 7(1) of the Act applies to cases where the interpretation of the arbitration clause is at issue, not where the clause’s very existence is questioned.

Application to remove a sole arbitrator of a complex construction dispute due to alleged apprehension of bias dismissed. The Arbitrator was selected for his construction expertise and was permitted to question witnesses and ask questions at any time during the hearing under a procedural order. The arbitrator’s interventions, unlike interventions by a trial judge, were not evidence of bias.