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 #001E – The Russian Federation v. Luxtona Limited
Ontario – Appeal under UNCITRAL Model Law from arbitrator’s jurisdiction ruling is a de novo hearing on which parties may submit new evidence as of right
Continue readingCASE #003E – Star Woodworking Ltd. v. Improve Inc.
Ontario – Multiplicity of proceedings not a basis to refuse a stay of action in favour of arbitration. This case considered whether the Court should stay four actions under s. 7(1) of the Arbitration Act, 1991 (“Arbitration Act”) pending the disposition of a condominium dispute arbitration. Justice Myers noted that the condominium corporation was a necessary party but really “a bit player”.
Continue readingCASE #004E – Corner Brook (City) v. Bailey
Supreme Court of Canada – There is no special rule of contractual interpretation that applies only to releases. A release is a contract to which the general principles of contractual interpretation apply. Standard of appellate review based on correctness requires an extricable error of law.
Continue readingCASE #006E – Leon v Dealnet Capital Corp.
Ontario – Where a valid arbitration agreement existed, defendant was entitled to stay of action even after defending and serving counterclaim – A stay should not be refused on the basis that the arbitrator may have to grant a statutory remedy under OBCA, s.248.
Continue readingCASE #002D – Kore Meals LLC v. Freshii Development LLC (“Kore”)
Ontario – Court holds that the doctrine of “forum non conveniens” is no longer relevant in the age of virtual hearings, as all forums are equally convenient. The action was stayed in favor of a virtual arbitration.
Continue reading