Tag: Québec

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Mouhadi v. Fiducie famille Eusanio, 2017 QCCS 3570 demonstrated the economy inherent in Québec’s approach to the court’s post-award intervention by briskly considering and dismissing four challenges to a final arbitration award.  Unlike other Canadian provinces and territories, Québec arbitration law makes no distinction between international and domestic arbitration, applying a single standard familiar to international commercial arbitration practitioners. Defendants failed to meet their burden of establishing any one of the few grounds available to resist homologation.   Continue reading “[:en]Québec – court holds parties to their bargain to refuse challenge to arbitral award – #036[:]”

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Madam Justice Lucie Fournier in Demers v. Conseil d’arbitrage des comptes d’avocats du Barreau du Québec, 2017 QCCS 1084 held that a consensual arbitration tribunal had the jurisdiction to consider the existence and effect, if any, of any alleged settlement in deciding its own jurisdiction.  Fournier J. also held that a non-party to a settlement could not rely on the terms of the settlement to resist arbitration of a dispute involving her. Continue reading “[:en]Québec – court upholds tribunal’s dismissal of jurisdictional challenge based on alleged settlement – #033[:]”

[:en]The Quebec Court of Appeal in Metso Minerals Canada Inc. v. BBA inc. 2017 QCCA 1544 firmly resolved irreconcilable procedural demands created when only some of the parties to a dispute had agreed to submit to arbitration. Weighing the competing inconveniences to the parties, the Appeal Court upheld a Quebec Superior Court decision and subordinated one party’s access to arbitration to another party’s reliance on court rules.

The decision is a reminder that agreements to arbitrate bind only those parties to it. If sophisticated parties in complex projects wish to consolidate their disputes either in court or in arbitration, the choice is theirs to negotiate beforehand — not the court’s to invent afterwards. Continue reading “[:en]Québec – court offers reminder that arbitration agreements only bind parties – #029[:]”

[:en]The Court of Québec refused to dismiss litigation between parties who had already undertaken arbitration of some of their differences and sent the parties on to trial so that a trial judge could determine the overlap, if any, between the prior arbitral award and the court litigation.  The court in Gagnon v. Développement Hamavi inc., 2017 QCCQ 5269  also determined that the arbitration procedure set out in legislation for new residential constructions was mandatory for the builder and not by the buyer and concerned rights granted in supplement to the Civil Code of Québec, CQLR c CCQ-1991. Continue reading “[:en]Québec – court determines legislated arbitration procedure is mandatory only for commercial party to contract – #026[:]”

[:en]The Court of Québec issued an oral judgment in 9143-0439 Québec inc. v. OAM Aluminium distributeur inc., 2017 QCCQ 1364  dismissing Defendant’s characterization of arbitral award as non-observance of applicable arbitration procedure or matters beyond the scope of the arbitration agreement.  The Court determined that the homologation stage was not an appeal of the award or an opportunity to challenge the merits. Continue reading “[:en]Québec – court issues oral judgment dismissing contestation to homologation disguising a challenge to merits – #025[:]”

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Québec’s Court of Appeal in Bard v. Appel, 2017 QCCA 1150 dismissed an appeal from a Superior Court decision in Bard v. Appel, 2015 QCCS 4752 which held that enforcement of a 2002 Florida final arbitration award was prescribed at the time its beneficiaries applied in 2014 in Québec to homologate and enforce.  Continue reading “[:en]Québec – court upholds dismissal of application to homologate and enforce final award due to lapse of time – #022[:]”

[:en]The Québec Superior Court determined that the true nature of a dispute covered by the litigation was over the manner in which the government imposed the contract on the litigants and not over its interpretation or application.  Corporation des services d’ambulance du Québec v. Barette (Ministre de la Santé et des Services sociaux), 2017 QCCS 4170 serves as a caution that even the most elaborate undertakings to arbitrate do not necessarily apply if the dispute is not about the contract between the parties but with the government as a third party which created it.  Continue reading “[:en]Québec – court declines request to refer parties to arbitration disputing validity of government decision to impose standard contract – #017[:]”

[:en]Mandatory wording in Québec’s Code of Civil Procedure, CQLR c C-25.01 does not prevent a litigant from demanding a stay of court proceedings and referral to arbitration beyond a time limit set by the rules.  The Québec court in Ferme Cérélait inc. v. Ferme Roch Vincent inc., 2017 QCCS 3260 granted an application which was outside a clear but not strict time limit.  Continue reading “[:en]Québec – court authorizes defendant to apply outside delay for referral to arbitration – #009[:]”

[:en]The Québec Court of Appeal in Canadian Royalties inc. v. Mines de nickel Nearctic inc., 2017 QCCA 1287 held that the test for deciding an arbitrator’s impartiality is the same test as for judges.  The Court of Appeal overturned a Superior Court decision which granted a motion to retract an earlier court decision which homologated a final arbitral award.   Continue reading “[:en]Québec – Court of Appeal rules that test for impartiality of judges applies equally to arbitrator – #006[:]”

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The Québec Superior Court in Truong v. Syndicat des copropriétaires Appartements Miraflor, 2017 QCCS 3673 dismissed a court litigation in favour of arbitration even if the litigation appeared to invoke injunctive powers reserved for the Superior Court.  Notwithstanding that Plaintiff as a court litigant sought provisional measures in the form of injunctive relief, Mr. Justice Mark G. Peacock ruled that Plaintiff could ask the arbitrator for specific performance of the same obligations which it sought to enforce by way of injunction.    Continue reading “[:en]Québec – court dismisses litigation seeking injunctive relief in favour of arbitration for specific performance – #005[:]”