B.C. – Defendants take one procedural step too many and cannot stay court action – #028

In Pixhug Media Inc. v. Steeves, 2017 BCSC 2171,  Mr. Justice Paul J. Pearlman determined that Defendants can successfully contest interim measures obtained by a Plaintiff, including cross-examination on affidavit, document requests and a request security for costs related to the interim measures without risk of being precluded from obtaining the stay.  Defendants could not, however, take any steps which invoked the assistance of the court or advanced the litigation before applying for a stay. Continue reading “B.C. – Defendants take one procedural step too many and cannot stay court action – #028”

B.C. – court finds arbitrator’s disclosure sufficient for binding waiver of right to object to bias – #024

British Columbia Supreme Court refused to order the revocation of an arbitrator’s authority for allegedly failing to make sufficient disclosure of potential conflicts.  The Supreme Court in Atlantic Industries Limited v. SNC-Lavalin Constructors (Pacific) Inc., 2017 BCSC 1263 determined that the arbitrator had met the standard of disclosure and the objecting party’s waiver of its right to object to potential bias was express, informed and binding. Continue reading “B.C. – court finds arbitrator’s disclosure sufficient for binding waiver of right to object to bias – #024”

B.C. – court grants stay to non-signatories to arbitration agreement – #004

In his September 7, 2017 reasons for judgment in Northwestpharmacy.com Inc. v Yates, 2017 BCSC 1572, Mr. Justice George Macintosh granted an application by several defendants to stay the litigation in favour of arbitration even though none of them were signatories to that undertaking to arbitrate.  Macintosh J. relied in part on Plaintiff’s own insistence that it had dealt contractually with certain Defendants, though under oral agreements separate from the written one in which the arbitration clause was included.  Continue reading “B.C. – court grants stay to non-signatories to arbitration agreement – #004”