ONTARIO – An appeal is not barred by s. 7(6) of the Arbitration Act, 1991, where a judge stays an action under s. 7(1) in favour of arbitration of an employment agreement, if there is reason to doubt the legality and enforceability of the arbitration clause.
Continue readingCASE #024E – Extreme Venture Partners Fund I LP v. Varma
ONTARIO – In remedying illegal and unethical corporate behaviour and breach of fiduciary duty, there is no automatic rule that all profits earned by the wrongdoers must be disgorged.
Continue readingCASE #023D – Ottawa (City) v. ClubLink Corporation ULC
ONTARIO – The rule against perpetuities does not apply to a contractual right that does not create an interest in land.
Continue readingCASE #022D – Winfund Software Corp. v Progressive Strategy Capital Group Corp
ONTARIO – Where a Small Court judge rewrites the agreements between the parties without consideration for the words the parties used and fails to follow proper principles of contract construction, the judge commits an extricable error of law, for which the standard of appellate review is correctness.
Continue readingCASE #021D – CSI Toronto Car Systems Installation Ltd. v. Pittasoft Co., Ltd.
ONTARIO – On a motion to stay an action under ICAA, 2017, a party to an arbitration clause may be estopped by its prior conduct from relying on it.
Continue readingCASE #020E – Kingston Automation Technology Inc. v. Montebello Packaging
ONTARIO – Failure to raise an objection to an arbitrator’s jurisdiction at the outset of an arbitration precludes raising the objection after the arbitrator has decided the matter.
Continue readingCASE #019E – 2161907 Alberta Ltd. v. 11180673 Canada Inc.
ONTARIO – A judge’s finding that a party “pounced on a single statement as a basis to trigger default, thereby achieving its goal of ending the relationship” is not a breach of the organizing principle of good faith performance of contract and was set aside on appeal.
Continue readingCASE #018E – H.M.B. Holdings Ltd. v. Antigua and Barbuda
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.
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