[: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]Québec – court authorizes defendant to apply outside delay for referral to arbitration – #009[:]
[: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]Québec – Court of Appeal rules that test for impartiality of judges applies equally to arbitrator – #006[:]
[: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[:]”
[:en]Québec – court dismisses litigation seeking injunctive relief in favour of arbitration for specific performance – #005[:]
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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[:]”
[:en]Québec – court decision illustrates strength of arbitration in Québec – #001[:]
[:en]The Québec Superior Court issued a July 18, 2017 decision in Greenkey Ltd. v. Trovac Industries Ltd., 2017 QCCS 3270 reasserting Québec’s courts’ full support of arbitration. The decision granted a motion to homologate the final award and a dismissed a motion to annul the award resulting from an arbitration conducted pursuant to the Canadian Commercial Arbitration Centre (“CCAC”) rules. Continue reading “[:en]Québec – court decision illustrates strength of arbitration in Québec – #001[:]”