ONTARIO - Arbitration and Certificates of Pending Litigation(“CPL”) - The Court has jurisdiction to authorize the issuance and registration of a CPL even if the underlying dispute must be resolved through arbitration pursuant to agreement between the parties.

ONTARIO - A lender’s right to enforce a mortgage debt owing is not hampered by the lender’s postponement agreement with another lender that would have delayed enforcement for over 20 years. The motions judge erred by failing to distinguish between “owing” and “enforceable”. The more unreasonable the result of a case the more unlikely it is that the parties can have intended it.

ONTARIO - Where an Arbitrator failed to provide adequate reasons for the award, the Superior Court set aside the Award pursuant to s. 38(1) of the Arbitration Act, 1991 and directed that a new arbitration proceed before another arbitrator.

ONTARIO - ONCA confirms that a valid contract exists if the parties have agreed with certainty as to the essential terms of the contract, even if the formal written agreement was not entered into by the parties.

ONTARIO - ONCA - A contracting party is not required to correct a misapprehension to which it has not contributed, and this is not a breach of the duty of good faith.

ONTARIO - An employee of a real estate brokerage, who, to the knowledge of the broker was not registered under the Real Estate and Business Brokers Act, (“REBBA”), was not entitled to recover agreed remuneration from the brokerage, either in contract or by quantum meruit, notwithstanding that the brokerage earned over $600,000 in commissions as a result of the employee’s work’ due to the prohibition in s.9 of REBBA.