Alberta – court exercises contractual grant of discretion to refuse stay because proper for summary judgment

In Obsidian Energy Partnership v. Grizzly Resources Ltd, 2019 ABQB 406, Master J.T. Prowse, Q.C. referred exclusively to the parties’ arbitration agreement to exercise discretion and refuse a stay because the dispute was a proper one for summary judgment.  The contractual terms mirrored section 7 of Alberta’s Arbitration Act, RSA 2000, c A-43 but Master Prowse made no reference to the legislation in refusing to stay the litigation.

Continue reading “Alberta – court exercises contractual grant of discretion to refuse stay because proper for summary judgment”

Ontario – arbitral award given no weight in court when litigant not party to the arbitration

In G.E.X.R. v. Shantz Station and Parrish & Heimbecker, 2019 ONSC 1914, Madam Justice Catrina D. Braid declined to give evidentiary weight in her court to an arbitral award to which one of the litigants before her was not a party.  While open to giving arbitral awards some weight in certain circumstances, the plaintiff’s absence from the arbitration was sufficient to disregard the award.  Baird J. also commented on whether an adverse inference should be drawn if neither party called a key witness from the arbitral proceedings.

Continue reading “Ontario – arbitral award given no weight in court when litigant not party to the arbitration”

Québec – stay application refused despite court’s and contract’s flexibility to identify agreement to arbitrate

In Constructions 3P Inc. v. Construction Demathieu & Bard (CDB) Inc., 2019 QCCS 2070, Mr. Justice Thomas M. Davis refused to stay litigation in favour of arbitration despite his willingness to consider evidence pre- and post-contract of an agreement to arbitrate.  Despite claims that the parties had agreed to arbitrate and attempts to demonstrate that agreement, Davis J. determined that (i) the existing agreement to arbitrate had not been followed and (ii) no new agreement post-dispute had been made despite contractual undertakings to explore dispute resolution options.

Continue reading “Québec – stay application refused despite court’s and contract’s flexibility to identify agreement to arbitrate”

Ontario – new disputes either beyond or no longer subject to abandoned submission agreement

In 1230455 Ontario Ltd. v. 150 Katimavik Inc., 2019 ONSC 2481, Madam Justice Michelle O’Bonswain declined to order the parties to arbitration due to the scope of the submission to agreement and its abandonment.  O’Bonswain J. held that (i) one part of their new dispute did not fall within their initial submission to arbitration and (ii) the other part of their dispute did fall within the agreement but the parties had abandoned arbitration.

Continue reading “Ontario – new disputes either beyond or no longer subject to abandoned submission agreement”

New Brunswick – justice of the court serves as statutory arbitrator in land expropriation dispute

In McMackin v. Village of Salisbury, 2019 NBQB 99, Mr. Justice George S. Rideout served as arbitrator under the provisions of the Expropriation Act, RSNB 1973, c E-14 to resolve a dispute between a land owner and a municipality in New Brunswick following the latter’s expropriation of part of the land.   Despite its “arbitration” label, the process set out in the legislation and Rideout J.’s reasons appears indistinguishable from a court proceeding.  Without more information, the “arbitration” set out in the legislation does not qualify as an ‘alternative’ to dispute resolution offered by the court.

Continue reading “New Brunswick – justice of the court serves as statutory arbitrator in land expropriation dispute”