ONTARIO - An appeal is not barred by s. 7(6) of the Arbitration Act, 1991, where a judge stays an action under s. 7(1) in favour of arbitration of an employment agreement, if there is reason to doubt the legality and enforceability of the arbitration clause.

ONTARIO - In remedying illegal and unethical corporate behaviour and breach of fiduciary duty, there is no automatic rule that all profits earned by the wrongdoers must be disgorged.

ONTARIO - The rule against perpetuities does not apply to a contractual right that does not create an interest in land.

ONTARIO - Where a Small Court judge rewrites the agreements between the parties without consideration for the words the parties used and fails to follow proper principles of contract construction, the judge commits an extricable error of law, for which the standard of appellate review is correctness.

ONTARIO - On a motion to stay an action under ICAA, 2017, a party to an arbitration clause may be estopped by its prior conduct from relying on it.

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.