Manitoba – Court of Appeal declines to grant leave to appeal if unnecessary – #072

In Broadband Communications North Inc v. I-Netlink Incorporated, 2018 MBCA 24 , Mr. Justice William J. Burnett sitting in Chambers dismissed an application for leave to appeal a Court of Queen’s Bench decision which itself had granted leave in part to appeal a final award.   Burnett J.’s brief reasons observe that leave is not granted when leave is unnecessary, jurisdiction only being raised if and when an appeal is filed. Continue reading “Manitoba – Court of Appeal declines to grant leave to appeal if unnecessary – #072”

Manitoba – litigants lack a dispute to justify one arbitration and an agreement to justify another arbitration – #039

Manitoba’s Court of Queen’s Bench in I.XL Properties Ltd. v. Springs of Living Water Centre Inc. et al, 2017 MBQB 30 demonstrated two (2) limits of a court’s intervention in consensual arbitration when handling two (2) separate disagreements involving three parties.  For the first disagreement, involving two (2) litigants bound by an arbitration agreement, Mr. Justice Robert A. Dewar declined to order them to arbitration because they had not yet reached a dispute.  For the second disagreement, involving another pair of litigants who did have a dispute but no arbitration agreement,  Dewar J. sent them to trial but offered to order them to arbitration if only they would consent.     Continue reading “Manitoba – litigants lack a dispute to justify one arbitration and an agreement to justify another arbitration – #039”

Manitoba – court enforces efficiency and finality of arbitration to deny challenge to series of awards – #023

In Wolfe et al v Taylor et al; Fat Cat Farms Ltd et al v Wolfe et al, 2017 MBCA 74, Madam Justice Barbara M. Hamilton dismissed two applications under section 48 of Manitoba’s The Arbitration Act, CCSM c A120 for leave to appeal a Queen’s Bench’s dismissal of two applications to set aside awards.  She determined that the detailed awards had issued from an experienced commercial arbitrator in a highly contested private commercial arbitration and had been adequately considered by the court.  There would be no public interest in hearing the matter or injustice created by allowing the parties to obtain the resolution of their dispute.  Continue reading “Manitoba – court enforces efficiency and finality of arbitration to deny challenge to series of awards – #023”

Manitoba – court uses res judicata and abuse of procedure principles to pre-empt appeal of arbitral award – #011

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 “Manitoba – court uses res judicata and abuse of procedure principles to pre-empt appeal of arbitral award – #011”