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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