PEI legislation imposes arbitration before a judge in order to resolve disputes over compensation owing from expropriation

Unlike most other court decisions in which litigants apply to a judge to send the parties to arbitration or to review an arbitral award, the judge in Haras Management et al. v. Gov. of P.E.I., 2017 PESC 14 was appointed by provincial legislation to sit as an arbitrator to resolve the parties’ dispute and her award was subject to the province’s Arbitration Act, RSPEI 1988, c A-16Continue reading “PEI legislation imposes arbitration before a judge in order to resolve disputes over compensation owing from expropriation”

Northwest Territories Court of Appeal applies ‘pith and substance’ analysis to enforce original undertaking to arbitrate

The Northwest Territories’ Court of Appeal in Miller Sales et al v. Metso Minerals et al, 2017 NWTCA 3 granted an application to stay under section of NWT’s International Commercial Arbitration Act, RSNWT 1988, c I-6 (“ICAA”) .  In doing so, it upheld the reasoning and result in the chambers judge’s decision, reported in Miller Sales & Engineering Inc. et al. v. Metso Minerals Industries Inc. et al., 2016 NWTSC 23,  which looked past the terms of a settlement and assignment agreement and enforced the parties’ initial undertaking to arbitrate. Continue reading “Northwest Territories Court of Appeal applies ‘pith and substance’ analysis to enforce original undertaking to arbitrate”

Ontario court obliges plaintiff to complete legislated mediation and arbitration steps before having access to court

Ontario’s Superior Court dismissed litigation in favour of statute-ordered mediation and arbitration because those two steps were necessary but unmet preconditions to court access.  Peel Condo Corp 166 v. Ohri, 2017 ONSC 6438 determined that each of those steps had neither been attempted by Plaintiff nor waived by Defendant.  The case illustrates how some legislation can impose alternative dispute resolution steps onto some legal relationships, created by contract,  which the parties must attempt before filing litigation. Continue reading “Ontario court obliges plaintiff to complete legislated mediation and arbitration steps before having access to court”

Federal Court of Appeal quashes garnishment attempt executing arbitral award against third parties

In a pair of decisions, the Federal Court of Appeal reminded litigants of the limits of enforcing arbitral awards.  In Delizia Limited v. Nevsun Resources Ltd., 2017 FCA 187 and Delizia Limited v. Sunridge Gold Corp., 2017 FCA 188 the court upheld two corresponding lower court decisions, Nevsun Resources Ltd. v. Delizia Limited, 2016 FC 393 and Sunridge Gold Corp. v. Delizia Limited, 2016 FC 392, which overturned a Prothonotary’s order of garnishment against non-parties to the arbitration, Delizia Limited v. Eritrea, 2015 FC 33 and Delizia Limited v. Eritrea, 2015 FC 34, when doing so would require the court to pierce multiple corporate veils on the basis of the debtor’s control over them.  Continue reading “Federal Court of Appeal quashes garnishment attempt executing arbitral award against third parties”

Ontario court enforces post-dispute submission agreement to override earlier arbitration agreement and quash appeal attempt

In Swift v Allied Track Services, 2017 ONSC 6514, the Ontario Superior Court granted a motion to quash an attempted appeal from a final arbitral award.  The court determined that a submission agreement, negotiated by the parties after their disputes had arisen, had overtaken their earlier arbitration agreement and provided no right of appeal without leave. Continue reading “Ontario court enforces post-dispute submission agreement to override earlier arbitration agreement and quash appeal attempt”