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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