Case #038E – Electek Power Services Inc. v. Greenfield Energy Centre Limited Partnership

ONTARIO – An application to set aside an arbitrator’s decision as to jurisdiction on the basis that there was no arbitration agreement is a hearing de novo not an appeal.—There is no binding arbitration agreement where there was no meeting of the minds of the parties to arbitrate.— Where a Court sets aside an arbitral award on the basis that there was no arbitration agreement, section 17(9) of the Arbitration Act, 1991 is inapplicable and there is a right of appeal.

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Case #035D – Maisonneuve v. Clark

ONTARIO – An arbitration clause did not require specific steps before arbitration could be commenced. Therefore, the limitation period began to run when one side informed the other that they would not enter into further negotiations.

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Case #034D – Parekh et al v. Schecter et al

ONTARIO – Court grants interlocutory injunction enforcing non-competition and non-solicitation covenants contained in a Dentist Associate Agreement related to the sale of a business, preventing the associate of dental practice from i) practicing within a 5 km radius ii) from soliciting clients and iii) from using confidential patient information from the purchased business.

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Case #033D – MacBryce Holdings Inc. et al. v Magnes Partnership et al.

ONTARIO – An “Estimate of Fair Market Value” clause of a Shareholders Agreement was held to provide for an arbitration, not a valuation, even though the nominee had to be a chartered accountant. The arbitrator, not the Court, should determine the valuation date. If the parties could not agree on the selection of the arbitrator, the Court will do so.

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Case #032E – Cineplex v. Cineworld, 2021 ONSC 8016

ONTARIO – A contract for the purchase of Cineplex was enforceable despite the COVID pandemic due to the exclusion of “outbreak of illness” in the material adverse effect clause. Cineplex did not breach its covenant to conduct business in the ordinary course. Expectation damages of more than $1.2366 billion were awarded to Cineplex for Cineworld’s refusal to complete the transaction.

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CASE #031E – Berthault v. Green Urban

ONTARIO – Arbitration and Certificates of Pending Litigation(“CPL”) – The Court has jurisdiction to authorize the issuance and registration of a CPL even if the underlying dispute must be resolved through arbitration pursuant to agreement between the parties.

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Case #030E – Sicotte v. 2399153 Ontario Ltd. et al.

ONTARIO – A lender’s right to enforce a mortgage debt owing is not hampered by the lender’s postponement agreement with another lender that would have delayed enforcement for over 20 years. The motions judge erred by failing to distinguish between “owing” and “enforceable”. The more unreasonable the result of a case the more unlikely it is that the parties can have intended it.

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