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Search Results for: 344

Posted on June 27, 2020January 3, 2021

Supreme Court – courts should not refer jurisdiction challenge to arbitrator if real prospect that challenge might never be resolved – #344

In Uber Technologies Inc. v. Heller, 2020 SCC 16, the Supreme Court of Canada introduced a third exception to its general rule that jurisdiction challenges should be referred first to…

Posted on March 2, 2019January 23, 2021

[:en]N.L. – “shall” is not “must” and can be directory rather than mandatory – #165[:]

[:en]In Labrador-Island Link Limited Partnership v. General Cable Company, 2019 NLSC 6, Madam Justice Gillian D. Butler examined the sufficiency of steps taken in a dispute resolution process to determine…

Posted on May 11, 2021May 11, 2021

Federal – arbitral party’s post-recognition intentions not a ground to refuse recognition – #475

In Treaty Land Entitlement Committee Inc. v. Canada (Indigenous and Northern Affairs), 2021 FC 329, Mr. Justice Sébastien Grammond dismissed Canada’s submissions that he refuse registration of an award because…

Posted on February 15, 2021February 15, 2021

B.C. – three-part test for stay under 1996 Arbitration Act still applies under 2020 Arbitration Act – #425

In Wilson v. Infracon Construction Inc., 2020 BCSC 2074, Madam Justice Lindsay L. Lyster held that the three-part test for a stay developed under B.C.’s former Arbitration Act, RSBC 1996,…

Posted on December 6, 2021May 4, 2022

BC – Franchisor addresses Uber arbitration agreement flaws to obtain stay of proceedings – #560

In Kang v Advanced Fresh Concepts Franchise Corp., 2021 BCPC 262, Small Claims Court Judge S. Archer granted a motion to stay an action in favour of arbitration under either…

Posted on June 4, 2021June 4, 2021

Ontario – agreement to arbitrate not unconscionable where governing law preserves executive’s Employment Standards Act rights – #490

In Leon v. Dealnet Capital Corp., 2021 ONSC 3636, Master Barbara McAfee declined to exercise her discretion under section 7(2) of the Arbitration Act, 1991, SO 1991, c 17 to…

Posted on August 6, 2021May 4, 2022

Québec – case referred to arbitration despite some parties and some claims possibly not covered by the arbitration agreement – #517

In Césario v Régnoux, 2021 QCCS 3009, Justice Johanne Mainville granted Defendants’ application to the Court to decline jurisdiction and refer the parties to arbitration (declinatory exception). Justice Mainville held…

Posted on August 18, 2021May 4, 2022

Ontario – Court application stayed; jurisdictional issues required analysis of contract’s factual matrix, should be decided by arbitrator – #522

In 743584 Ontario Inc. v. LAC Otelnuk Mining Ltd., 2021 ONSC 5255, Master Jolley stayed a court application in favour of arbitration. Applying the competence-competence principle and the general rule…

Posted on March 16, 2022February 1, 2023

Québec – Delay in raising arbitration provision fatal to application to amend class – #595

In 9238-0831 Québec inc. v Télébec and Vidéotron senc, 2022 QCCS 183 Justice Lussier dismissed defendant Vidéotron’s request to modify the definition of the plaintiff group in a class action…

Posted on November 1, 2020June 1, 2021

Ontario – appeal court reaffirms jurisdiction for appeal of stay decision where decision holds arbitration agreement does not apply – #385

…LLP (2003), 2003 CanLII 20875 (ON CA), 64 O.R. (3d) 505 (C.A.), at paras. 15-16, per Feldman J.A., leave to appeal refused, [2003] S.C.C.A. No. 344; Woolcock v. Bushert (2004),…

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About Arbitration Matters

Arbitration Matters provides brief summaries of recent cases on commercial arbitration issues, as they are released, from across Canada. Therefore, the website is updated frequently. Each Case Note also provides commentary which helps put the case in context. As of Case Note #509 dated July 26, 2021, Lisa C. Munro, has continued the work done by the Honourable Justice Daniel Urbas before his judicial appointment to the Quebec Superior Court. She is assisted by a select group of other experienced arbitration practitioners, who also contribute regularly to the Case Notes.

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About Arbitration Matters

Arbitration Matters provides brief summaries of recent cases on commercial arbitration issues, as they are released, from across Canada. Each Case Note provides commentary which helps put the case in context.

Edited by: Lisa C Munro

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