[: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[:]”
[:en]Ontario – court obliges plaintiff to complete legislated mediation and arbitration steps before having access to court – #014[:]
[:en]Ontario’s Superior Court dismissed litigation in favour of statute-ordered mediation and arbitration because those two steps were necessary but unmet preconditions to court access. Peel Condo Corp 166 v. Ohri, 2017 ONSC 6438 determined that each of those steps had neither been attempted by Plaintiff nor waived by Defendant. The case illustrates how some legislation can impose alternative dispute resolution steps onto some legal relationships, created by contract, which the parties must attempt before filing litigation. Continue reading “[:en]Ontario – court obliges plaintiff to complete legislated mediation and arbitration steps before having access to court – #014[:]”
[:en]Ontario – court enforces post-dispute submission agreement to override earlier arbitration agreement and quash appeal attempt – #012[:]
[:en]In Swift v Allied Track Services, 2017 ONSC 6514, the Ontario Superior Court granted a motion to quash an attempted appeal from a final arbitral award. The court determined that a submission agreement, negotiated by the parties after their disputes had arisen, had overtaken their earlier arbitration agreement and provided no right of appeal without leave. Continue reading “[:en]Ontario – court enforces post-dispute submission agreement to override earlier arbitration agreement and quash appeal attempt – #012[:]”
[:en]Ontario – proof of concept for merchants opting for international commercial arbitration – #008[:]
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In a brisk decision granting recognition and enforcement an arbitral award made in Stockholm, Ontario’s Superior Court demonstrated Ontario’s commitment to international commercial arbitration. The November 1, 2017 decision in Profoto AB v. Blazes Photographic, 2017 ONSC 6455 sends a reassuring message to international traders that Ontario is arbitration-friendly even when the final award is unfavourable to the Ontario-based litigant. Continue reading “[:en]Ontario – proof of concept for merchants opting for international commercial arbitration – #008[:]”
[:en]Ontario – court finds breach of UNCITRAL Model Law but upholds arbitral decision – #002[:]
[:en]In a brief October 5, 2017 decision, the Ontario Superior Court in Epicor Software Corp. v. RB Packing & Seals Inc., 2017 ONSC 5959 (“Epicor”) exercised its discretion to decline relief under article 34(2)(a)(ii) of the UNCITRAL Model Law on International Commercial Arbitration (1985) (“UNCITRAL Model Law”) despite finding that the applicant had met the grounds set out in that article. Continue reading “[:en]Ontario – court finds breach of UNCITRAL Model Law but upholds arbitral decision – #002[:]”