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.

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N.B. Court of Appeal rules court cannot order indefinite stay of application to refer parties to arbitration

In Toronto-Dominion Bank v. Andal Holdings (Moncton) Ltd., 2018 NBCA 68, the New Brunswick Court of Appeal reversed a motions judge’s decision to order an indefinite stay of two motions, including an application to refer the parties to arbitration. Though it agreed with the judge that a key third party ought to be added to the principal court litigation before the court adjudicated motions in that litigation affecting the third party, the Court held that an indefinite stay was unwarranted. The Court also considered that the motions judge could still have proceeded with the application to refer the parties to arbitration. In effect, the court rules of procedure applicable to completing the court litigation were not allowed to delay possible recourse to arbitration. Continue reading “N.B. Court of Appeal rules court cannot order indefinite stay of application to refer parties to arbitration”

New Brunswick court applies “reasonable likelihood” as “minimal” standard for stay application

Using “reasonable likelihood” as the “minimal” standard an applicant must meet for a stay, Madam Justice Judy L. Clendening in Knowcharge v. NB Innovation et al., 2018 NBQB 181 stayed litigation involving shareholders, directors and corporations so that the arbitration tribunal could determine its own jurisdiction. Her analysis rested also on the wording of the parties’ agreement to arbitrate which provided that disputes “involving” shareholders and not just “between” shareholders would go to arbitration. That wording was sufficient to include litigation filed by the non-shareholder plaintiff corporation which had signed the arbitration agreement. Continue reading “New Brunswick court applies “reasonable likelihood” as “minimal” standard for stay application”