Saskatchewan Archives - Page 3 of 3 - Arbitration Matters

December 5, 2017January 3, 2021

[:en]Saskatchewan – court refuses interim relief in absence of a dispute between arbitration parties – #030[:]

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The Queen’s Bench of Saskatchewan refused to renew an ex parte order for detention and preservation of property in Farrell Holdings Inc. v. Nussbaumer Holdings Ltd., 2017 SKQB 125 because it could identify no dispute between the party. Whether the parties went to arbitration or the court, any exercise of the court’s authority to issue interim measures had to be in aid of a larger, actual dispute between the parties. The decision alerts arbitration parties that their involvement of the courts must serve in support of arbitration and not in a vacuum. Continue reading “[:en]Saskatchewan – court refuses interim relief in absence of a dispute between arbitration parties – #030[:]”

November 17, 2017January 3, 2021

[:en]Saskatchewan – court considers arbitration undertaking as part of reasons to refer parties to Ontario courts – #019[:]

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Despite Plaintiff basing its claims on an unsigned 2003 agreement, Saskatchewan’s Queen’s Bench relied on the parties’ earlier, more detailed 2001 signed agreement to tip the balance and grant Defendant’s application to decline jurisdiction in favour of the Ontario courts. Mr. Justice D.H. Layh in JCP Conservation Systems Ltd. v Convenience Group Inc., 2017 SKQB 309 considered evidence from Defendant including the parties’ earlier agreement which applied Ontario law and subjected any disputes under that agreement to arbitration under Ontario’s Arbitration Act, 1991, SO 1991, c 17. Continue reading “[:en]Saskatchewan – court considers arbitration undertaking as part of reasons to refer parties to Ontario courts – #019[:]”

November 6, 2017January 3, 2021

[:en]Saskatchewan – court’s narrow interpretation of its authority to review widens arbitrator’s autonomy to manage arbitral process – #010[:]

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Adopting a narrow interpretation of its supervisory role granted by Saskatchewan’s The Arbitration Act, 1992, SS 1992, c A-24.1., Saskatchewan’s Court of Queen’s Bench dismissed an application to review an arbitrator’s decision because the court’s jurisdiction had not been triggered. The court in Government of Saskatchewan v Capitol Steel Corporation, 2017 SKQB 302 decided that it could only intervene if the arbitral ruling actually qualified as either one of two types of arbitral results listed for review in the legislation. Continue reading “[:en]Saskatchewan – court’s narrow interpretation of its authority to review widens arbitrator’s autonomy to manage arbitral process – #010[:]”

Arbitration Matters provides brief summaries of recent cases on commercial arbitration issues, as they are released, from across Canada. Therefore, the website is updated frequently. Each Case Note also provides commentary which helps put the case in context. As of Case Note #509 dated July 26, 2021, Lisa C. Munro, has continued the work done by the Honourable Justice Daniel Urbas before his judicial appointment to the Quebec Superior Court. She is assisted by a select group of other experienced arbitration practitioners, who also contribute regularly to the Case Notes.