[:en]In its judicial review of an administrative appeal from a statutory arbitration decision, Ontario’s Divisional Court in Belair Direct Insurance Company v. Green, 2018 ONSC 2782, asserted the limited scope granted for that appeal. By quashing and upholding parts of that appeal decision, Mr. Justice Frederick L. Myers, writing for the court, reiterated the limited role facts can play on an appeal limited to a question of law and the deference the court has for decisions taken on questions of law. Continue reading “[:en]Ontario – court applies limits and deference in judicial review of appeal from statutory arbitration – #069[:]”
[:en]Ontario – court grants temporary stay of litigation, endorsing arbitration as tandem support to court litigation process – #068[:]
[:en]Master Robert A. Muir in Coco Paving Inc. v. Durham (Municipality), 2018 ONSC 2849 used the court’s own case management powers under section 106 of the Courts of Justice Act, RSO 1990, c C.43 to temporarily stay five (5) court files in favour of ongoing arbitration to advance the litigation. The arbitration process would resolve issues key to the litigation and thereby add efficiencies to the litigation process. The reasoning and the result in support of a temporary stay reflects the court’s belief that arbitration is not only an either-or alternative to litigation but can qualify as tandem support. Continue reading “[:en]Ontario – court grants temporary stay of litigation, endorsing arbitration as tandem support to court litigation process – #068[:]”
[:en]Ontario – arbitral tribunal’s evidentiary record on jurisdiction challenge is not ignored but also does not confine court – #060[:]
[:en]In The Russian Federation v. Luxtona Limited, 2018 ONSC 2419, Mr. Justice Sean F. Dunphy asserted the court’s autonomy vis-à-vis the arbitral tribunal’s evidentiary record when hearing a challenge to that tribunal’s preliminary award on jurisdiction. In the context of a dispute over the admissibility of evidence which had not been before the arbitral tribunal, Dunphy J. determined that a court was neither limited to the tribunal’s findings of fact nor confined by the record relied on by the tribunal to reach its conclusions. Continue reading “[:en]Ontario – arbitral tribunal’s evidentiary record on jurisdiction challenge is not ignored but also does not confine court – #060[:]”
[:en]Ontario – Court of Appeal upholds arbitrator’s decision to “blue pencil” mediation clause having impact on limitation period – #057[:]
[:en]Ontario’s Court of Appeal in PQ Licensing S.A. v. LPQ Central Canada Inc., 2018 ONCA 331 upheld an arbitrator’s decision on a preliminary issue involving the application of a limitation period. The Court of Appeal agreed with the Superior Court which had held that it was reasonable for the arbitrator to sever the mention of “in Delaware” in a mediation clause because that stipulation violated remedial legislation applicable to franchising. The balance of the mediation clause remained valid. Completing the mediation was a condition precedent to triggering the date at which one of the parties could “discover” its claim and delayed triggering the two-year limitation period in Ontario’s Limitations Act, 2002, SO 2002, c 24, Sch B. (“Limitations Act”). Continue reading “[:en]Ontario – Court of Appeal upholds arbitrator’s decision to “blue pencil” mediation clause having impact on limitation period – #057[:]”
[:en]Ontario – court assists arbitration by holding party to its agreement to appoint arbitrator – #056[:]
[:en]The Ontario Superior Court in Overberg v. Aerospace, 2018 ONSC 1720 exercised its jurisdiction under section 6 Arbitration Act, 1991, SO 1991, c 17 to intervene in a private commercial arbitration and enforce respondent’s agreement to accept and confirm the arbitrator nominated by claimants. In doing so, the court assisted the conduct of the arbitration and ensured that the arbitration was conducted according to the parties’ agreement. Continue reading “[:en]Ontario – court assists arbitration by holding party to its agreement to appoint arbitrator – #056[:]”
[:en]Ontario – Court of Appeal reiterates that appeals of interlocutory orders in arbitration challenges are beyond its jurisdiction – #052[:]
[:en]In brief reasons, the Ontario Court of Appeal in DAC Group (Holdings) Limited v. Fuego Digital Media Inc., 2018 ONCA 43 rebuffed a dissatisfied arbitral party’s attempt to foist jurisdiction on it over a Superior Court decision. That decision had stayed enforcement of the arbitral award, on conditions, pending a hearing on the merits in Superior Court a few months away. Madam Justice Mary Lou Benotto qualified such orders as interlocutory, observing that only the Divisional Court had jurisdiction to continue any appellate activity in regard to such Superior Court orders made pending final disposition of the challenge. Continue reading “[:en]Ontario – Court of Appeal reiterates that appeals of interlocutory orders in arbitration challenges are beyond its jurisdiction – #052[:]”
[:en]Ontario – court directs attorney to appear and participate in adjudicative proceeding – #049[:]
[: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[:]”