Tag: Alberta

[:en]In Alberta Motor Association Insurance Company v. Aspen Insurance UK Limited, 2018 ABQB 207,   Madam Justice Dawn Pentelechuk reviewed competing case law and considered academic commentary before concluding that, under the International Commercial Arbitration Act, RSA 2000, c I-5,(“ICAA”) court involvement must yield to party autonomy and party control when the court is asked to order consolidation.  Unless all parties agree to consolidation, the courts do not have jurisdiction under the ICAA to consolidate despite how circumstances might tempting the court to do so. Continue reading “[:en]Alberta – all parties must consent to consolidation under international commercial arbitration legislation – #065[:]”

[:en]In KBR Industrial Canada Co v. Air Liquide Global E&C Solutions Canada LP, 2018 ABQB 257,  Alberta’s Court of Queen’s Bench refused leave to appeal a final award by application of the “unique” section 44(3) of Alberta’s Arbitration Act, RSA 2000, c A-43 which stipulates that a party may not appeal a question of law which the parties expressly referred to the arbitral tribunal for decision.  In denying leave to appeal, Madam Justice Ritu Khullar added that, in the alternative, if she were mistaken, then that question did not meet the threshold set by section 44(2.1).  The latter limits leave to appeal on a question of law only if the court is satisfied that (a) the importance to the parties of the matters at stake in the arbitration justifies an appeal, and (b) the determination of the question of law at issue will significantly affect the rights of the parties. Continue reading “[:en]Alberta – legislative rule “unique” to Alberta applied to refuse leave to appeal extricable question of law in multimillion dollar dispute – #058[:]”

[: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]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]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]The Alberta Court of Queen’s Bench in Canexus Corporation v. MEG Energy, 2017 ABQB 739 allowed amendments to a Statement of Claim despite claims that the contract on which the claims were based provided for arbitration.  The court dealt with the interplay between Alberta’s Arbitration Act, RSA 2000, c A-43 and the Alberta Rules of Court, distinguishing between an initial decision to allow amendments and a later decision as to whether the claims should be stayed in favour of arbitration.  Continue reading “[:en]Alberta – court allows amendments to court proceedings despite potential subsequent application to stay – #042[:]”

[:en]The decision in Myers v. AlanRidge Homes Ltd, 2017 ABQB 631 provides insights on the extent to which some successful arbitral parties go to execute on recognized and enforced awards.  The case contains six categories of transactions which Plaintiffs tried to void in order to recover assets against which they could then execute to satisfy their awards recognized by an earlier court decision. Plaintiffs’ claims and Defendants’ circumstances provide a useful discussion on different transactions which may be challenged and how the court can approach those transactions which stand in the way of satisfying arbitral awards.  Continue reading “[:en]Alberta – decision demonstrates limits of enforcement even for recognized commercial arbitration awards – #018[:]”

[: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[:]”