ONTARIO – Arbitration – Jurisdiction – International Commercial Arbitration Act, 2017, SO 2017, c 2, Sch 5 (“the ICAA” – Model Law on International Commercial Arbitration, (“the Model Law”) Article 34 – Where parties agreed that an international arbitration relating to a particular dispute under their agreement would take place in Ontario under Ontario law, an application to set aside that arbitration award must be made to the Ontario Superior Court, despite a forum selection clause in the parties’ agreement that selected the Courts of the State of New York for the resolution of all other disputes.
Continue readingCase #0126E – Campbell v. Toronto Standard Condominium Corporation No. 2600
ONTARIO – Arbitration – Meaning of “fraud” in ss. 46(1)9 and 47(2) of Arbitration Act 1991, S.O. 1991, c. 17 (“the Act”) – Application to set aside an arbitral award on the basis that it was obtained by “fraud” must show evidence of actual fraud not “constructive fraud”. The 30 day time limit for an appeal or an application to set aside an arbitral award under s. 47(2) is not extended by evidence of “constructive fraud”.
Continue readingCase #0125M – Preiano v. Cirillo
ONTARIO – Appeals – Standing – Where a party’s non-lawyer representative was permitted to represent the appellants and make submissions on their behalf at trial, and no challenge was brought either prior to or during the trial, it was an error for the trial judge to strike the appellants’ statement of defence based on a lack of standing. The trial judge had discretion under Rule 2.03 of the Rules of Civil Procedure to dispense with compliance with the Rule 15.01(1) requirement that the appellants be represented by a lawyer.
Continue readingCase #0124M – 1284225 Ontario Limited v. Don Valley Business Park Corporation
ONTARIO – Appeal – Standard of Review – Contractual Interpretation – Absent error, the application judge’s interpretation of a contract is owed considerable appellate deference and is reviewable on a standard of “palpable and overriding error”.
Continue readingCase #0123D – Yatar v. TD Meloche Monnex and Licence Appeal Tribunal et al
CANADA – ONTARIO – Administrative Law – Judicial review is available for matters not covered by a statutory right of appeal. Judicial review is available to challenge allegedly unreasonable or procedurally unfair decisions of administrative tribunals despite a limited statutory right of appeal on questions of law.
Continue readingCase #0122D – Pacific Atlantic Pipeline Construction Ltd. And Bonatti S.p.A v. Coastal Gaslink Pipeline Ltd.
ALBERTA – Injunction – There are limited circumstances in which an injunction can be used to stop a beneficiary from drawing on an Irrevocable Letter of Credit. A strong prima facie case is required.
Continue readingCase #0121E – Demand Science Group, LLC v. Gladish
ONTARIO – Interlocutory Injunctions – Contracts – Sale of Software Solutions Business – Restrictive Covenants – Where a seller of a business commenced a competing business in breach of a non-competition provision, the Court held the covenant to be reasonable in the circumstances. The RJR-MacDonald test for interlocutory injunctions was met and the interlocutory injunction was granted.
Continue readingCase #0120E – China Yantai Friction Co. Ltd. v Novalex Inc
ONTARIO – Arbitration – Recognition and Enforcement of Award under ICAA, 2017 and UNCITRAL Model Law, Art. 36(1) – The refusal of a Chinese Arbitral Tribunal to permit appraisal evidence after the evidence portion of the arbitration was completed was not a basis to refuse recognition and enforcement of the Arbitral Award in Ontario. The Arbitral Tribunal’s decision about procedural matters was entitled to deference.
Continue readingCase #0119M – Orica Canada Inc. v. ARVOS GmbH
ALBERTA – Arbitration – Jurisdiction – Despite the competence-competence principle, courts may resolve a challenge to an arbitrator’s jurisdiction where it involves pure questions of law or questions of mixed fact and law that only require a superficial consideration of the evidence. Where there is a real prospect that referring a bona fide challenge to jurisdiction to the arbitrator would result in the challenge never being resolved, the court may resolve the issue.
Continue readingCase #0118M – Orica Canada Inc. v. ARVOS GmbH
ALBERTA – Agreement of Purchase and Sale – Real Estate – For a real estate contract to be valid, there must be offer and acceptance, and a “meeting of the minds” about the essential terms of identification of the parties, the property and the price. The Statute of Frauds requires an agreement for the sale of land to be in writing and signed by the party to be charged.
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