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Cases

ONTARIO - Failure to raise an objection to an arbitrator’s jurisdiction at the outset of an arbitration precludes raising the objection after the arbitrator has decided the matter.

ONTARIO – A judge’s finding that a party “pounced on a single statement as a basis to trigger default, thereby achieving its goal of ending the relationship” is not a breach of the organizing principle of good faith performance of contract and was set aside on appeal.

CANADA - A B.C. judgment is not enforceable in Ontario because the defendant was not carrying on business in B.C, as required by s. 3(b) of Ontario Reciprocal Enforcement of Judgments Act.

ONTARIO - An Arbitrator’s determination of the procedure to be followed in an arbitration includes the power to proceed by way of summary judgment without a party’s consent: Arbitration Act, 1991, ss. 20 and 26(1).

ONTARIO - Acceptance of the terms of a contract by clicking a box in an emailed link is notice of an agreement and binding, even though the recipient did not actually read the agreement. A party cannot take advantage of his own wrong.

Ontario – Where a respondent debtor to an application to enforce a foreign arbitral award fails to request that the award be set aside on one or more of the grounds in Art. 36 (1) of the UNCITRAL Model Law, an order for security for costs against the applicant creditor under Rule 56.01 may not be correct and leave to appeal should be granted.