[:en]In Swift v Allied Track Services, 2017 ONSC 6514, the Ontario Superior Court granted a motion to quash an attempted appeal from a final arbitral award. The court determined that a submission agreement, negotiated by the parties after their disputes had arisen, had overtaken their earlier arbitration agreement and provided no right of appeal without leave. Continue reading “[:en]Ontario – court enforces post-dispute submission agreement to override earlier arbitration agreement and quash appeal attempt – #012[:]”
[:en]Manitoba – court uses res judicata and abuse of procedure principles to pre-empt appeal of arbitral award – #011[:]
[:en]Manitoba Court of Queen’s Bench relied on the principle of res judicata and the control’s inherent powers to control for abuse of its procedure to deny 3 grounds for leave to appeal application in Broadband Communications North Inc. v. I-Netlink Incorporated, 2017 MBQB 146. Mr. Justice James G. Edmond did allow a limited number of grounds to go forward as those few did qualify under Manitoba’s The Arbitration Act, CCSM, c A120. Continue reading “[:en]Manitoba – court uses res judicata and abuse of procedure principles to pre-empt appeal of arbitral award – #011[:]”
[:en]Saskatchewan – court’s narrow interpretation of its authority to review widens arbitrator’s autonomy to manage arbitral process – #010[:]
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Adopting a narrow interpretation of its supervisory role granted by Saskatchewan’s The Arbitration Act, 1992, SS 1992, c A-24.1., Saskatchewan’s Court of Queen’s Bench dismissed an application to review an arbitrator’s decision because the court’s jurisdiction had not been triggered. The court in Government of Saskatchewan v Capitol Steel Corporation, 2017 SKQB 302 decided that it could only intervene if the arbitral ruling actually qualified as either one of two types of arbitral results listed for review in the legislation. Continue reading “[:en]Saskatchewan – court’s narrow interpretation of its authority to review widens arbitrator’s autonomy to manage arbitral process – #010[:]”
[:en]Québec – court authorizes defendant to apply outside delay for referral to arbitration – #009[:]
[:en]Mandatory wording in Québec’s Code of Civil Procedure, CQLR c C-25.01 does not prevent a litigant from demanding a stay of court proceedings and referral to arbitration beyond a time limit set by the rules. The Québec court in Ferme Cérélait inc. v. Ferme Roch Vincent inc., 2017 QCCS 3260 granted an application which was outside a clear but not strict time limit. Continue reading “[:en]Québec – court authorizes defendant to apply outside delay for referral to arbitration – #009[:]”
[:en]Ontario – proof of concept for merchants opting for international commercial arbitration – #008[:]
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In a brisk decision granting recognition and enforcement an arbitral award made in Stockholm, Ontario’s Superior Court demonstrated Ontario’s commitment to international commercial arbitration. The November 1, 2017 decision in Profoto AB v. Blazes Photographic, 2017 ONSC 6455 sends a reassuring message to international traders that Ontario is arbitration-friendly even when the final award is unfavourable to the Ontario-based litigant. Continue reading “[:en]Ontario – proof of concept for merchants opting for international commercial arbitration – #008[:]”
[:en]Alberta – court distinguishes between error of law and excess of jurisdiction in review of arbitral appeal tribunal award – #007[:]
[:en]Faced with a rare opportunity to review an arbitral appeal tribunal’s award, Alberta’s Court of Queen’s Bench in SMART Technologies ULC v. Electroboard Solutions Pty Ltd, 2017 ABQB 559 identified and applied the strict limits of judicial oversight reserved for reviewing international commercial arbitral awards. Obliged to choose between compelling arguments made by both parties on the applicable standard, the court delivered articulate distinctions about the respective and differing jurisdictions of arbitral appeal tribunals and the courts. Continue reading “[:en]Alberta – court distinguishes between error of law and excess of jurisdiction in review of arbitral appeal tribunal award – #007[:]”
[:en]Québec – Court of Appeal rules that test for impartiality of judges applies equally to arbitrator – #006[:]
[:en]The Québec Court of Appeal in Canadian Royalties inc. v. Mines de nickel Nearctic inc., 2017 QCCA 1287 held that the test for deciding an arbitrator’s impartiality is the same test as for judges. The Court of Appeal overturned a Superior Court decision which granted a motion to retract an earlier court decision which homologated a final arbitral award. Continue reading “[:en]Québec – Court of Appeal rules that test for impartiality of judges applies equally to arbitrator – #006[:]”
[:en]Québec – court dismisses litigation seeking injunctive relief in favour of arbitration for specific performance – #005[:]
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The Québec Superior Court in Truong v. Syndicat des copropriétaires Appartements Miraflor, 2017 QCCS 3673 dismissed a court litigation in favour of arbitration even if the litigation appeared to invoke injunctive powers reserved for the Superior Court. Notwithstanding that Plaintiff as a court litigant sought provisional measures in the form of injunctive relief, Mr. Justice Mark G. Peacock ruled that Plaintiff could ask the arbitrator for specific performance of the same obligations which it sought to enforce by way of injunction. Continue reading “[:en]Québec – court dismisses litigation seeking injunctive relief in favour of arbitration for specific performance – #005[:]”
[:en]B.C. – court grants stay to non-signatories to arbitration agreement – #004[:]
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In his September 7, 2017 reasons for judgment in Northwestpharmacy.com Inc. v Yates, 2017 BCSC 1572, Mr. Justice George Macintosh granted an application by several defendants to stay the litigation in favour of arbitration even though none of them were signatories to that undertaking to arbitrate. Macintosh J. relied in part on Plaintiff’s own insistence that it had dealt contractually with certain Defendants, though under oral agreements separate from the written one in which the arbitration clause was included. Continue reading “[:en]B.C. – court grants stay to non-signatories to arbitration agreement – #004[:]”
[:en]N.L. – court tests UNCITRAL Model Law as substitute for court review of award – #003[:]
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The Newfoundland and Labrador Supreme Court, Trial Division, provided a precedent-setting analysis of arbitration parties’ ability to contract out of legislated court review of a commercial arbitration award. At the same time, Mr. Justice Robert P. Stack in his August 30, 2017 reasoning in Newfoundland and Labrador v. ExxonMobil Canada Properties, 2017 CanLII 56724, also tested the UNCITRAL Model Law on International Commercial Arbitrations, 1985, U.N. Doc. A/40/17 (1985, Ann. I) (“UNCITRAL Model Law”) as a substitute for that review. Continue reading “[:en]N.L. – court tests UNCITRAL Model Law as substitute for court review of award – #003[:]”