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.
Continue readingCASE #015E – MDS Inc. v. Factory Mutual Insurance Company
ONTARIO – ONCA provides guidance as to the exercise of discretion under s. 130 of the Courts of Justice Act relating to pre-judgment at a higher rate and compounded.
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 readingCASE #008D – Dua vs BGD LLP et al.
ONTARIO – Arbitrator’s denial of a party’s attempt to substantially reframe its case by a last-minute pleading amendment was not a denial of justice or fairness.
Continue readingCASE #005D – Fogler Rubinoff LLP v Houle (“Fogler”)
Ontario – Arbitrator’s jurisdiction is determined by asking whether the arbitrator had the authority to make the decision not by asking if the decision is correct.
Continue readingCASE #007D – 743584 Ontario Inc. v. LAC Otelnuk Mining Ltd.
Ontario – First decision on jurisdiction should be made by the arbitrator, unless the challenge is based on a question of law or a question that can be decided on a superficial review of the evidence. Court stays proceeding in favour of arbitration.
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