N.W.T. – parties do not create standard form contract when their lawyers do not “reinvent the wheel”

Mr. Justice Andrew M. Mahar in Northland Utilities (NWT) Ltd. v. Town of Hay River, 2019 NWTSC 31 remarked that parties do not hire lawyers to “reinvent the wheel” each time they engage in commercial activity and, in doing so, do not thereby make their contract a standard form contract.  Despite omitting to characterize the issues as questions of law, mixed fact and law or fact and despite holding that the standard of review was reasonableness, Mahar J. did determine that the arbitrator’s analyses were not only reasonable but correct. 

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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”