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Cases

Ontario – The standard of review to be applied by a judge hearing an appeal from an arbitration award is reasonableness unless a legal principle is readily extricable.  ONCA declined to consider whether the “reasonableness” standard of review is overtaken by “correctness” standard in Vavilov because that was not an issue necessary to decide this appeal.

Ontario – Appeal under UNCITRAL Model Law from arbitrator’s jurisdiction ruling is a de novo hearing on which parties may submit new evidence as of right

Ontario – Multiplicity of proceedings not a basis to refuse a stay of action in favour of arbitration. This case considered whether the Court should stay four actions under s. 7(1) of the Arbitration Act, 1991 (“Arbitration Act”) pending the disposition of a condominium dispute arbitration. Justice Myers noted that the condominium corporation was a necessary party but really “a bit player”.

Supreme Court of Canada - There is no special rule of contractual interpretation that applies only to releases. A release is a contract to which the general principles of contractual interpretation apply. Standard of appellate review based on correctness requires an extricable error of law.

Ontario – Where a valid arbitration agreement existed, defendant was entitled to stay of action even after defending and serving counterclaim – A stay should not be refused on the basis that the arbitrator may have to grant a statutory remedy under OBCA, s.248.

Ontario – Court holds that the doctrine of “forum non conveniens” is no longer relevant in the age of virtual hearings, as all forums are equally convenient. The action was stayed in favor of a virtual arbitration.