ONTARIO - In a second arbitration between the same parties, the Court rejected the claimant’s request to appoint the same arbitrator on the basis that vocal objection to the appointment of a “repeat arbitrator” should be taken seriously and there was no identifiable advantage for the re-appointment.

ONTARIO - Arbitration Agreement valid despite not specifying a “seat”. Court directs the arbitrator to determine the applicable procedural law for the arbitration.

ONTARIO - Dispute resolution clause in a Share Purchase Agreement was held to be an arbitration agreement not an expert determination even though it does not mention the word arbitration.

ONTARIO - In a claim by a trustee under s.96 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 (“BIA”) to recover the fruits of fraud committed by corporate officers before bankruptcy, the common law doctrine of corporate attribution was inapplicable, and the fruits of the fraud were disgorged from the fraudsters.

ONTARIO - Where an innocent purchaser claims damages for the vendor’s breach of a real estate transaction, damages are limited to the actual loss suffered by the purchaser. In the absence of evidence of mitigation, the loss is limited to costs thrown away. The innocent purchaser is not entitled to recover as damages the profit subsequently earned by the breaching vendor on the resale of the property.

ONTARIO - An arbitration clause implicitly includes the power to award damages unless a contrary intention appears. A commercially unreasonable interpretation of the arbitration clause will not oust the arbitrator’s jurisdiction. Where an arbitration agreement provides that all disputes are subject to arbitration, correctable procedural irregularities do not oust the arbitrator’s jurisdiction.