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”

Manitoba court uses res judicata and abuse of procedure principles to preempt appeal of arbitral award

Manitoba Court of Queen’s Bench relied on the principle of res judicata and the control’s inherent powers to control for abuse of its procedure to deny 3 grounds for leave to appeal application in Broadband Communications North Inc. v. I-Netlink Incorporated, 2017 MBQB 146.  Mr. Justice James G. Edmond did allow a limited number of grounds to go forward as those few did qualify under Manitoba’s The Arbitration Act, CCSM, c A120. Continue reading “Manitoba court uses res judicata and abuse of procedure principles to preempt appeal of arbitral award”

Saskatchewan court’s narrow interpretation of its authority to review widens arbitrator’s autonomy to manage arbitral process

Adopting a narrow interpretation of its supervisory role granted by Saskatchewan’s The Arbitration Act, 1992, SS 1992, c A-24.1., Saskatchewan’s Court of Queen’s Bench dismissed an application to review an arbitrator’s decision because the court’s jurisdiction had not been triggered.  The court in Government of Saskatchewan v Capitol Steel Corporation, 2017 SKQB 302 decided that it could only intervene if the arbitral ruling actually qualified as either one of two types of arbitral results listed for review in the legislation.  Continue reading “Saskatchewan court’s narrow interpretation of its authority to review widens arbitrator’s autonomy to manage arbitral process”

Québec court authorizes defendant to apply outside delay for referral to arbitration

Mandatory wording in Québec’s Code of Civil Procedure, CQLR c C-25.01 does not prevent a litigant from demanding a stay of court proceedings and referral to arbitration beyond a time limit set by the rules.  The Québec court in Ferme Cérélait inc. v. Ferme Roch Vincent inc., 2017 QCCS 3260 granted an application which was outside a clear but not strict time limit.  Continue reading “Québec court authorizes defendant to apply outside delay for referral to arbitration”