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Cases

ONTARIO – ONCA provides guidance as to the exercise of discretion under s. 130 of the Courts of Justice Act relating to pre-judgment at a higher rate and compounded.

MANITOBA - A statement in a purchase order referring to an arbitration clause on a party’s website is not enough to create a valid and enforceable arbitration agreement. Court holds that parties did not mutually consent to arbitration as there was no signed agreement to arbitrate.

Ontario – ONCA holds that insurer has no duty to defend claims based on breach of contract that were excluded from coverage in a professional errors and omissions policy.

ONTARIO - Where a judge holds a defendant in contempt of the court’s orders, judgment against the contemnors for the plaintiff’s claim, without allowing an opportunity to defend the action, is not an appropriate remedy, even where the contempt is flagrant and serious.

Ontario – Court stays OBCA oppression remedy proceeding in favour of mandatory arbitration clause but directs majority shareholder and the corporation to produce documents in the arbitration pursuant to s.6(1) of the Arbitration Act, 1991. Court also directs majority shareholder and corporation to pay the minority shareholder interim disbursements for the arbitration.

Ontario – Court refuses to stay a proceeding in favour of arbitration when the case is a proper one for summary judgment and it would be unfair or impractical to refer the matter to arbitration – Arbitration Act, 1991, s.7(1)- (2).