[:en]An application for leave gave the Court of Appeal in Rusnak v. Canyon Spring Master Builder Inc, 2018 ABCA 2 an opportunity to reiterate the policy behind the lack of an appeal. Applicants sought to appeal a special chambers judge’s refusal to grant them leave to appeal a final award. In refusing leave, the Court of Appeal stated that the lack of an appeal was based on a policy decision which favoured streamlining the dispute resolution process. Continue reading “[:en]Alberta – Court of Appeal reiterates policy underlying lack of appeals in arbitration matters absent agreement – #053[:]”
[:en]Ontario – Court of Appeal reiterates that appeals of interlocutory orders in arbitration challenges are beyond its jurisdiction – #052[:]
[:en]In brief reasons, the Ontario Court of Appeal in DAC Group (Holdings) Limited v. Fuego Digital Media Inc., 2018 ONCA 43 rebuffed a dissatisfied arbitral party’s attempt to foist jurisdiction on it over a Superior Court decision. That decision had stayed enforcement of the arbitral award, on conditions, pending a hearing on the merits in Superior Court a few months away. Madam Justice Mary Lou Benotto qualified such orders as interlocutory, observing that only the Divisional Court had jurisdiction to continue any appellate activity in regard to such Superior Court orders made pending final disposition of the challenge. Continue reading “[:en]Ontario – Court of Appeal reiterates that appeals of interlocutory orders in arbitration challenges are beyond its jurisdiction – #052[:]”
[:en]Alberta – court denies injunction where ongoing performance not stipulated during arbitration – #051[:]
[:en]Alberta’s Court of Queen’s Bench in Graham Infrastructure LP v. Whitefish Lake First Nation #459, 2018 ABQB 66 gave insights for drafting commercial contracts containing arbitration clauses. Contracts which expressly provide for continued performance of the obligations might justify or at least facilitate consideration of mandatory injunctions while the parties undertake arbitration. Such clauses would clarify the parties’ expectations of whether a court might grant of provisional measures in advance of or during their arbitration. Continue reading “[:en]Alberta – court denies injunction where ongoing performance not stipulated during arbitration – #051[:]”
[:en]Nova Scotia – court’s use of test for new evidence in judicial review also useful in arbitration – #050[:]
[:en]In Sorflaten v. Nova Scotia (Environment), 2018 NSSC 7, the Nova Scotia Supreme Court dismissed an attempt to add facts to the record to decide a judicial review application. The court’s reasoning in part lends itself to commercial arbitration challenges when a full record of the arbitral proceeding was either not made or not preserved. Continue reading “[:en]Nova Scotia – court’s use of test for new evidence in judicial review also useful in arbitration – #050[:]”
[:en]Ontario – court directs attorney to appear and participate in adjudicative proceeding – #049[:]
[:en]The Ontario Superior Court in Fontaine v. Canada (Attorney General), 2018 ONSC 357 relied in part on professional conduct rules to order an attorney to appear and participate in an adjudicative proceeding. The reasoning might serve as guidance for similar orders to ensure that parties complete their undertaking to arbitrate. Continue reading “[:en]Ontario – court directs attorney to appear and participate in adjudicative proceeding – #049[:]”
[:en]Saskatchewan – court delivers no-fuss recognition of default foreign arbitral award – #048[:]
[:en]Saskatchewan’s Court of Queen’s Bench in Parrish & Heimbecker Ltd. v Bukurak, 2017 SKQB 322 provided a proof-of-concept application of Saskatchewan’s embrace of international commercial arbitration in its straightforward review and grant of an application to recognize and enforce a foreign arbitral award. Continue reading “[:en]Saskatchewan – court delivers no-fuss recognition of default foreign arbitral award – #048[:]”
[:en]Ontario – court enforces competence-competence principle in complex employment dispute – #047[:]
[:en]Despite disputes over the existence and the applicability of an arbitration agreement contained in their initial agreement following amendments, the parties involved in Kocur v. FirstService Corporation, 2017 ONSC 6114 were referred to arbitration by application of the competence-competence dispute because Plaintiff failed to establish a clear case that the arbitration agreement was invalid. Continue reading “[:en]Ontario – court enforces competence-competence principle in complex employment dispute – #047[:]”
[:en]Alberta – court relies on stated purpose of its own court rules to ensure arbitration proceeds – #046[:]
[:en]Alberta’s Court of Queen’s Bench in Acciona Infrastructure Canada Inc v. Posco Daewoo Corporation (Daewoo), 2017 ABQB 707 demonstrated the court’s ongoing support and assistance of consensual commercial arbitration by relying on the stated purpose of its own court rules as a starting point in deciding how to resolve parties’ dispute over if and how to undertake arbitration provided in their agreements. Continue reading “[:en]Alberta – court relies on stated purpose of its own court rules to ensure arbitration proceeds – #046[:]”
[:en]Québec – court’s obiter attempts to pre-empt procedural disagreements – #045[:]
[:en]Aware that arbitration was only a precondition to eventual litigation between the parties on related issues, Mr. Justice Jean-Jude Chabot of the Québec Superior Court in Julien et Assurances Jones inc., 2018 QCCS 35 still referred the parties to arbitration but in obiter offered some observations. If heeded, his observations would simplify the progress of the parties’ dispute resolution process. In doing so, Chabot J. demonstrated the judiciary’s flexibility and ongoing willingness to enable the parties’ choice of arbitration. Continue reading “[:en]Québec – court’s obiter attempts to pre-empt procedural disagreements – #045[:]”
[:en]Ontario – Court of Appeal offers clarity for contracts containing competing wording on dispute resolution – #044[:]
[:en]Ontario’s Court of Appeal provided clarity for parties bound to contracts containing competing mentions of arbitration and litigation. In Trade Finance Solutions Inc. v. Equinox Global Limited, 2018 ONCA 12, the Court overturned a motion judge’s interpretation of the International Commercial Arbitration Act, RSO 1990, c I.9 (“ICAA”) and the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law on June 21, 1985, as set out in the Schedule to ICCA (“Model Law”). The Court qualified the interpretation as an error in law, and asserted that arbitration can still be binding even if it subjects only “certain” disputes to arbitration. Continue reading “[:en]Ontario – Court of Appeal offers clarity for contracts containing competing wording on dispute resolution – #044[:]”