Jonathan Eades, Author at Arbitration Matters

August 2, 2022August 2, 2022

Québec – 10-year limitation for foreign award recognition and enforcement– #644

In Itani v. Société Générale de Banque au Liban SAL, 2022 QCCA 920, the Québec Court of Appeal (Schrager, Moore, and Kalichman JJA) considered the limitation period for recognition and enforcement of an arbitral award rendered outside Québec. The Court applied the Supreme Court of Canada’s decision in Yugraneft Corp. v. Rexx Management Corp., 2010 SCC 19, confirming that recognition and enforcement of a foreign arbitral award is governed by the rules of procedure applicable in the territory in which the application is made―so it differs from province to province. The Court of Appeal considered the applicable provisions of the Québec Civil Code and ruled that the application to recognize and enforce the arbitral award was subject to a 10-year limitation period, upholding the decision of Justice Poulin at first instance.

May 5, 2022May 17, 2022

Ontario – Uber arbitration, and class action waiver not certified as common issue – #612

In Heller v. Uber Technologies Inc., 2022 ONSC 1997, Justice Perell dismissed a motion to certify as a common issue the enforceability of an Arbitration and Class Action Waiver Clause in the Uber standard form services agreement that members of the class signed. As a result, this issue will not be determined at a common issues trial. Class action members who did not exercise their right to opt out of the clause are still class members and may be able to negate the operation of the waiver at individual issues trials if the class action gets that far.

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.