Case #050E – Goberdhan v. Knights of Columbus

ONTARIO – Where there was no consideration for a contract containing a mandatory arbitration clause, the Court exercised its discretion to refuse to stay the action under s. 7(2) the Arbitration Act, 1991, S.O. 1991, c.17 on the basis that the arbitration clause was invalid. Section 7(1) of the Act applies to cases where the interpretation of the arbitration clause is at issue, not where the clause’s very existence is questioned.

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Case #049E – Dufferin v. Morrison Hershfield

Application to remove a sole arbitrator of a complex construction dispute due to alleged apprehension of bias dismissed. The Arbitrator was selected for his construction expertise and was permitted to question witnesses and ask questions at any time during the hearing under a procedural order. The arbitrator’s interventions, unlike interventions by a trial judge, were not evidence of bias.

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Case #048E – Force One Marketing et al. v. Rritual Superfoods

ONTARIO – Forum Non Conveniens -The Ontario Court had jurisdiction to hear a contract dispute on the basis that the Ontario Court has jurisdiction simpliciter over the subject-matter of the contract, even though the defendant did not have a substantial connection with Ontario. A BC forum selection clause in a related agreement was not binding on the plaintiff. The defendant failed to prove that Ontario was not the forum conveniens to hear the dispute.

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Case #044E – Ernst & Young Inc. v. Aquino

ONTARIO – In a claim by a trustee under s.96 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 (“BIA”) to recover the fruits of fraud committed by corporate officers before bankruptcy, the common law doctrine of corporate attribution was inapplicable, and the fruits of the fraud were disgorged from the fraudsters.

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Case #043E – Akelius Canada Ltd. v. 2436196 Ontario Inc.

ONTARIO – Where an innocent purchaser claims damages for the vendor’s breach of a real estate transaction, damages are limited to the actual loss suffered by the purchaser. In the absence of evidence of mitigation, the loss is limited to costs thrown away. The innocent purchaser is not entitled to recover as damages the profit subsequently earned by the breaching vendor on the resale of the property.

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Case #042E – PCL Constructors v. Johnson Controls

ONTARIO – An arbitration clause implicitly includes the power to award damages unless a contrary intention appears. A commercially unreasonable interpretation of the arbitration clause will not oust the arbitrator’s jurisdiction. Where an arbitration agreement provides that all disputes are subject to arbitration, correctable procedural irregularities do not oust the arbitrator’s jurisdiction.

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