CANADA – A B.C. judgment is not enforceable in Ontario because the defendant was not carrying on business in B.C, as required by s. 3(b) of Ontario Reciprocal Enforcement of Judgments Act.
Continue readingCASE #017D – Optiva Inc. v. Tbaytel
ONTARIO – An Arbitrator’s determination of the procedure to be followed in an arbitration includes the power to proceed by way of summary judgment without a party’s consent: Arbitration Act, 1991, ss. 20 and 26(1).
Continue readingCASE #016D – Battiston v Microsoft Canada Inc.
ONTARIO – Acceptance of the terms of a contract by clicking a box in an emailed link is notice of an agreement and binding, even though the recipient did not actually read the agreement. A party cannot take advantage of his own wrong.
Continue readingCASE #015D – China Yantai Friction Co. Ltd. v Novalex Inc.
Ontario – Where a respondent debtor to an application to enforce a foreign arbitral award fails to request that the award be set aside on one or more of the grounds in Art. 36 (1) of the UNCITRAL Model Law, an order for security for costs against the applicant creditor under Rule 56.01 may not be correct and leave to appeal should be granted.
Continue readingCASE #009E – Ontario First Nations (2008) Limited Partnership v. Ontario Lottery and Gaming Corporation
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.
Continue readingCASE #010D – Jencel 407 Yonge Street Inc. v Bright Immigration Inc. and Ramroop
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).
Continue readingCASE #011E – Pezo v. Pezo et al
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.
Continue readingCASE #013E – Thrive Capital Management Ltd. v. Noble 1324 Queen Inc.
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.
Continue readingCASE #012D – Panasonic Eco Solutions Canada Inc. v XL Speciality Insurance
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.
Continue readingCASE #014D – Razar Contracting Services Ltd. v Evoqua Water Technologies Canada Ltd. and Intact Insurance Company
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.
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