Tag: Ontario

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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]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]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]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’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]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[:]”

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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]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[:]”