Alberta – couple unable to litigate property dispute they agreed to delegate to parents

In Mahajan v. Mahajan, 2019 ABQB 495, Mr. Justice Michael J. Lema stayed a divorce proceeding to provide time for the couple’s four (4) parents to resolve a property dispute delegated to them by the couple in their post-separation agreement.  Lema J. held that no uncertainty existed regarding who would resolve the dispute but only uncertainty as to how they would do so. 

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Québec – distinctions for service and notice to banks offers guidance for arbitral practice

In 1068754 Alberta Ltd. v. Québec (Agence du revenu), 2019 SCC 37, on appeal from Québec, the Supreme Court of Canada distinguished between two (2) provisions of the Bank Act, SC 1991, c 46 which stipulate how to effectively serve banks with legal proceedings and provide notice.

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Ontario – pleading to action insufficient to qualify as waiver to request stay

In Khomovych v. Bomar 2 Inc. o/a Colony Park Homes, 2019 ONSC 3982, Madam Justice Mary E. Vallee stayed the action despite Defendant having pleaded to it and Plaintiff’s request for an adjournment so that it could present its motion for summary judgment under section 7(2)5 of Ontario’s Arbitration Act, 1991, SO 1991, c 17.  Vallee J. determined that the parties were bound to undertake arbitration imposed by legislation applicable to new home warranties.

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Ontario – court’s willingness to continue in obiter and determine key issue in appeal treated as decision on merits

In BGOI Films Inc. v. 108 Media Corporation, 2019 ONCA 539, the Ontario Court of Appeal quashed attempts to appeal a decision which denied leave to appeal an award and then a decision which recognized and enforced the award.  In reasons best described as brief, the Court held that no appeal lies from a refusal to grant leave when that refusal is based on the merits.  Having dismissed that appeal, no grounds remained to give the court jurisdiction to refuse to recognize and enforce the award and the second appeal no longer had a basis.

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Newfoundland and Labrador – city lacks authority to impose arbitration unrelated to legislation’s purpose/intent

In St. John’s (City) v. 10718 Nfld. Inc., 2019 NLCA 41, Newfoundland and Labrador’s Court of Appeal upheld a first instance decision declaring that the City of St. John’s (the “City”) cannot require mandatory arbitration in an agreement as a term of approval of development as doing so is acting beyond its beyond its jurisdiction under its enabling legislation. See the earlier Arbitration Matters note “Newfoundland and Labrador court holds that a municipality has authority to agree to arbitration but not to impose it as a condition of regulatory approval

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