Manitoba court enforces efficiency and finality of arbitration to deny challenge to series of awards

In Wolfe et al v Taylor et al; Fat Cat Farms Ltd et al v Wolfe et al, 2017 MBCA 74, Madam Justice Barbara M. Hamilton dismissed two applications under section 48 of Manitoba’s The Arbitration Act, CCSM c A120 for leave to appeal a Queen’s Bench’s dismissal of two applications to set aside awards.  She determined that the detailed awards had issued from an experienced commercial arbitrator in a highly contested private commercial arbitration and had been adequately considered by the court.  There would be no public interest in hearing the matter or injustice created by allowing the parties to obtain the resolution of their dispute.  Continue reading “Manitoba court enforces efficiency and finality of arbitration to deny challenge to series of awards”

Québec court upholds dismissal of application to homologate and enforce final award due to lapse of time

Québec’s Court of Appeal in Bard v. Appel, 2017 QCCA 1150 dismissed an appeal from a Superior Court decision in Bard v. Appel, 2015 QCCS 4752 which held that enforcement of a 2002 Florida final arbitration award was prescribed at the time its beneficiaries applied in 2014 in Québec to homologate and enforce.  Continue reading “Québec court upholds dismissal of application to homologate and enforce final award due to lapse of time”

Ontario court enforces legislated cooling off period to prevent settlement ending arbitration

The Ontario Superior Court in Co-operators General Insurance Company v. Doobay, 2017 ONSC 5804 upheld a statutory rule limiting the time before which a negotiated settlement can terminate arbitration. The case should highlight that certain arbitrations, conducted under national legislation, may be subject to similar suspensive or resolutory conditions and that arbitral parties cannot presume their settlements are effective merely upon initial agreement of the parties.   Continue reading “Ontario court enforces legislated cooling off period to prevent settlement ending arbitration”

Ontario court grants partial summary judgment instead of stay and conducts mini-trial for balance of claim

In Arkell v. Brightpath, 2017 ONSC 6612,  Mr. Justice Michael J. Emery combined two of Ontario’s procedural tools – section 7(2)(5) of the Arbitration Act, 1991, SO 1991, c 17  and Rule 20.01 summary judgment of Rules of Civil Procedure, RRO 1990, Reg 194 – to craft solutions to the parties’ disputes. Wielding both, he refused Defendant’s application to stay, agreed with Plaintiffs that both their claims were suitable for summary judgment consideration in preference to arbitration, granted one of Plaintiffs’ claims and kept jurisdiction over Plaintiffs’ other claim for the purpose of a mini-trial on the merits.   Continue reading “Ontario court grants partial summary judgment instead of stay and conducts mini-trial for balance of claim”

Saskatchewan court considers arbitration undertaking as part of reasons to refer parties to Ontario courts

Despite Plaintiff basing its claims on an unsigned 2003 agreement, Saskatchewan’s Queen’s Bench relied on the parties’ earlier, more detailed 2001 signed agreement to tip the balance and grant Defendant’s application to decline jurisdiction in favour of the Ontario courts.   Mr. Justice D.H. Layh in JCP Conservation Systems Ltd. v Convenience Group Inc., 2017 SKQB 309 considered evidence from Defendant including the parties’ earlier agreement which applied Ontario law and subjected any disputes under that agreement to arbitration under Ontario’s Arbitration Act, 1991, SO 1991, c 17Continue reading “Saskatchewan court considers arbitration undertaking as part of reasons to refer parties to Ontario courts”