[: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]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]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[:]”
[:en]Ontario – courts consider final award which refuses to resolve dispute between some parties to arbitration – #043[:]
[:en]A short decision from the Court of Appeal, in Chambers, highlighted the shortened delay applicable in Ontario to appeals of Superior Court decisions confirming arbitral awards. Maracle III v. Miracle, 2017 ONCA 950 also dealt with the uncommon situation of an arbitrator’s refusal to make any findings regarding certain parties to a dispute despite their clear agreement to arbitrate that dispute. Continue reading “[:en]Ontario – courts consider final award which refuses to resolve dispute between some parties to arbitration – #043[:]”
[:en]Ontario – court able to decide jurisdictional challenge on “superficial consideration of documentary evidence” – #040[:]
[:en]The Ontario Superior Court in Kanda Franchising Inc. and Kanda Franchising Leaseholds Inc. v. 1795517 Ontario Inc., 2017 ONSC 7064 determined that parties resisting their inclusion in an arbitration were entitled to a decision by the court rather than having their jurisdictional challenge referred to the arbitrator. Madam Justice Jocelyn Speyer determined that the materials were clear enough and required little if any evidence for a determination of the challenge. Continue reading “[:en]Ontario – court able to decide jurisdictional challenge on “superficial consideration of documentary evidence” – #040[:]”
[:en]Ontario – Court of Appeal upholds dismissal of litigation based on issue estoppel with Sharia Law arbitration – #037[:]
[:en]In brief reasons, the Ontario Court of Appeal Mroue v. Mroue, 2017 ONCA 517 dismissed an appeal from Mr. Justice Colin D.A. McKinnon’s decision in Mroue v. Mroue, 2016 ONSC 2992 which struck a Statement of Claim on the basis of res judicata and issue estoppel with a prior arbitration award. McKinnon J. held that the parties had bargained for a decision in accordance with Sharia Law and, having received one, could not now object to it. Any alleged improprieties with the procedure followed in the Iran, while different from that in Ontario, did not result in any unfairness. Continue reading “[:en]Ontario – Court of Appeal upholds dismissal of litigation based on issue estoppel with Sharia Law arbitration – #037[:]”
[:en]Ontario – court respectful of parties’ choice while ensuring parties treated fairly and equally – #035[:]
[:en]
The application in Gerstel and 2102503 Ontario Inc. (Harold the Jewellery Buyer) v. Kelman and Mortgage Maven Inc., 2017 ONSC 214 required Mr. Justice Thomas R. Lederer to balance the limits of court intervention with party autonomy when he reviewed reproaches to the procedure adopted and tailored by the parties. As with many arbitration agreements, the parties chose their applicable law and decision makers, opting to submit to a panel of three respected community leaders sharing similar values and approaches in order to resolve a commercial dispute. Lederer J. carefully navigated between keeping the court’s distance and ensuring that both parties were treated equally and fairly, with a chance to present their case on the merits and challenge the other party’s. Continue reading “[:en]Ontario – court respectful of parties’ choice while ensuring parties treated fairly and equally – #035[:]”
[:en]Ontario – court endorses reasonable standard of review in insurance arbitration – #027[:]
[:en]The Ontario Superior Court in Belairdirect Insurance v. Dominion of Canada General Insurance Company, 2017 ONSC 367 prioritized an arbitrator’s reliance on other arbitration awards over the arbitrator’s application of a contrary Superior Court decision with which the arbitrator disagreed but felt bound to follow. The court effectively endorsed the arbitrator following arbitral precedent in the area of his expertise by declaring that his application stare decisis was not within his expertise. Continue reading “[:en]Ontario – court endorses reasonable standard of review in insurance arbitration – #027[:]”
[:en]Ontario – court enforces legislated cooling off period to prevent settlement ending arbitration – #021[:]
[:en]The Ontario Superior Court in Co-operators General Insurance Company v. Doobay, 2017 ONSC 5804 upheld a statutory rule limiting the time before which a negotiated settlement can terminate arbitration. The case should highlight that certain arbitrations, conducted under national legislation, may be subject to similar suspensive or resolutory conditions and that arbitral parties cannot presume their settlements are effective merely upon initial agreement of the parties. Continue reading “[:en]Ontario – court enforces legislated cooling off period to prevent settlement ending arbitration – #021[:]”
[:en]Ontario – court grants partial summary judgment instead of stay and conducts mini-trial for balance of claim – #020[:]
[:en]In Arkell v. Brightpath, 2017 ONSC 6612, Mr. Justice Michael J. Emery combined two of Ontario’s procedural tools – section 7(2)(5) of the Arbitration Act, 1991, SO 1991, c 17 and Rule 20.01 summary judgment of Rules of Civil Procedure, RRO 1990, Reg 194 – to craft solutions to the parties’ disputes. Wielding both, he refused Defendant’s application to stay, agreed with Plaintiffs that both their claims were suitable for summary judgment consideration in preference to arbitration, granted one of Plaintiffs’ claims and kept jurisdiction over Plaintiffs’ other claim for the purpose of a mini-trial on the merits. Continue reading “[:en]Ontario – court grants partial summary judgment instead of stay and conducts mini-trial for balance of claim – #020[:]”