[:en]The B.C. Supreme Court in McHenry Software Inc. v. ARAS 360 Incorporated, 2018 BCSC 586 held that parties could not waive the application of B.C.’s International Commercial Arbitration Act, RSBC 1996, c 233 (“ICAA”) because its application was mandatory. In addition, despite the parties having conducted their entire arbitration according to the Arbitration Act, RSBC 1996, c 55 (“Arbitration Act”), Madam Justice Loryl D. Russell also determined that the party seeking to rely on the ICAA, and its more limited appeal provisions, could not be estopped from doing so as the ICAA was enacted for a public purpose. Continue reading “[:en]B.C. – parties cannot waive application of International Commercial Arbitration Act because its application is mandatory – #059[:]”
[:en]B.C. – court applies ‘arguable case’ test to stay action based on arbitration clause external to contract – #034[:]
[:en]The B.C. Supreme Court determined that an applicant for a stay of proceedings under section 8 of B.C.’s International Commercial Arbitration Act, RSBC 1996, c 233 need only meet an arguable case when establishing whether section 8 could support a stay in favour of arbitration. Mr. Justice Warren B. Milman in Sum Trade Corp. v. Agricom International Inc., 2017 BCSC 2213 determined that both parties had valid arguments to make which went beyond pure questions of law or superficial considerations of documentary evidence and were best determined by an arbitrator with industry expertise. Continue reading “[:en]B.C. – court applies ‘arguable case’ test to stay action based on arbitration clause external to contract – #034[:]”
[:en]B.C. – court reverses arbitrator, ruling arbitrator has no jurisdiction due to parties’ settlement – #032[:]
[:en]
In Lithium One Homes Ltd. v. Abakhan & Associates Inc., 2017 BCSC 2189, B.C.’s Supreme Court granted an appeal of an arbitrator’s decision by which he had decided he had jurisdiction. Mr. Justice Ronald S. Tindale determined that the parties had signed a settlement which released each party from all disputes arising out of the contract containing their arbitration agreement. Tindale held that the arbitrator failed to give sufficient reasons why he decided he had jurisdiction and, in reviewing the facts, Tindale J. concluded that without a dispute between the parties, the arbitrator lacked jurisdiction because of the settlement. Continue reading “[:en]B.C. – court reverses arbitrator, ruling arbitrator has no jurisdiction due to parties’ settlement – #032[:]”
[:en]B.C. – Defendants take one procedural step too many and cannot stay court action – #028[:]
[:en]In Pixhug Media Inc. v. Steeves, 2017 BCSC 2171, Mr. Justice Paul J. Pearlman determined that Defendants can successfully contest interim measures obtained by a Plaintiff, including cross-examination on affidavit, document requests and a request security for costs related to the interim measures without risk of being precluded from obtaining the stay. Defendants could not, however, take any steps which invoked the assistance of the court or advanced the litigation before applying for a stay. Continue reading “[:en]B.C. – Defendants take one procedural step too many and cannot stay court action – #028[:]”
[:en]B.C. – court finds arbitrator’s disclosure sufficient for binding waiver of right to object to bias – #024[:]
[:en]British Columbia Supreme Court refused to order the revocation of an arbitrator’s authority for allegedly failing to make sufficient disclosure of potential conflicts. The Supreme Court in Atlantic Industries Limited v. SNC-Lavalin Constructors (Pacific) Inc., 2017 BCSC 1263 determined that the arbitrator had met the standard of disclosure and the objecting party’s waiver of its right to object to potential bias was express, informed and binding. Continue reading “[:en]B.C. – court finds arbitrator’s disclosure sufficient for binding waiver of right to object to bias – #024[:]”
[:en]B.C. – court grants stay to non-signatories to arbitration agreement – #004[:]
[:en]
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[:]”