Ontario courts consider final award which refuses to resolve dispute between some parties to arbitration

A short decision from the Court of Appeal, in Chambers, highlighted the shortened delay applicable in Ontario to appeals of Superior Court decisions confirming arbitral awards.  Maracle III v. Miracle, 2017 ONCA 950 also dealt with the uncommon situation of an arbitrator’s refusal to make any findings regarding certain parties to a dispute despite their clear agreement to arbitrate that dispute.  Continue reading “Ontario courts consider final award which refuses to resolve dispute between some parties to arbitration”

Alberta court allows amendments to court proceedings despite potential subsequent application to stay

The Alberta Court of Queen’s Bench in Canexus Corporation v. MEG Energy, 2017 ABQB 739 allowed amendments to a Statement of Claim despite claims that the contract on which the claims were based provided for arbitration.  The court dealt with the interplay between Alberta’s Arbitration Act, RSA 2000, c A-43 and the Alberta Rules of Court, distinguishing between an initial decision to allow amendments and a later decision as to whether the claims should be stayed in favour of arbitration.  Continue reading “Alberta court allows amendments to court proceedings despite potential subsequent application to stay”

Newfoundland & Labrador court stay bifurcates litigation in favour of statute-imposed arbitration of resource

The Supreme Court of Newfoundland and Labrador, Trial Division in Dewey v. Kruger Inc., 2017 CanLII 85310 agreed to stay part of a proposed class action in favour of mandatory arbitration imposed by legislation dating back to 1927.  In doing so, the court acknowledged the while both class actions and arbitrations have advantages, (a) possible bifurcation of proceedings is not a determining factor to deny referring parties to arbitration and (b) if a legislature intends to exclude arbitration of a particular type of dispute, it must do so explicitly. Continue reading “Newfoundland & Labrador court stay bifurcates litigation in favour of statute-imposed arbitration of resource”

Ontario court able to decide jurisdictional challenge on “superficial consideration of documentary evidence”

The Ontario Superior Court in Kanda Franchising Inc. and Kanda Franchising Leaseholds Inc. v. 1795517 Ontario Inc., 2017 ONSC 7064 determined that parties resisting their inclusion in an arbitration were entitled to a decision by the court rather than having their jurisdictional challenge referred to the arbitrator.   Madam Justice Jocelyn Speyer determined that the materials were clear enough and required little if any evidence for a determination of the challenge. Continue reading “Ontario court able to decide jurisdictional challenge on “superficial consideration of documentary evidence””

Manitoba court litigants lack a dispute to justify one arbitration and an agreement to justify another arbitration

Manitoba’s Court of Queen’s Bench in I.XL Properties Ltd. v. Springs of Living Water Centre Inc. et al, 2017 MBQB 30 demonstrated two limits of a court’s intervention in consensual arbitration when handling two separate disagreements involving three parties.  For the first disagreement, involving two litigants bound by an arbitration agreement, Mr. Justice Robert A. Dewar declined to order them to arbitration because they had not yet reached a dispute.  For the second disagreement, involving another pair of litigants who did have a dispute but no arbitration agreement,  Dewar J. sent them to trial but offered to order them to arbitration if only they would consent.     Continue reading “Manitoba court litigants lack a dispute to justify one arbitration and an agreement to justify another arbitration”