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In Toronto Standard Condominium Corporation No. 2299 v. Distillery SE Development Corp ('Distillery SE'), 2024 ONCA 712, the Ontario Court of Appeal considered the issue of whether a party could [...]

The limits of court jurisdiction to interfere in an arbitration process is a topic of seemingly constant debate. Parties to arbitrations who may be unhappy with a procedural or substantive [...]

The Court of Appeal recently held that a buyer could not rely on its own breach of contract to avoid payment, and that the deposit they had failed to pay [...]

In RH20 North America Inc. v. Bergmann, 2024 ONCA 445, the Ontario Court of Appeal dismissed a cross-appeal of a motion to stay court proceedings in favour of arbitration. The [...]

Ontario Superior Court confirms that arbitral tribunals lack jurisdiction to order third-party discovery, such that an order must be sought from the Court. Facts Link 427 brought a motion before [...]

Ontario Court sets aside arbitral award, finding procedural fairness violation where arbitrator refused to admit evidence filed with consent. Facts The Applicant, Mattamy, held a 49 per cent stake in [...]

Ontario Court of Appeal confirms doctrine of separability cannot save an arbitration agreement contained in a contract that was void from the beginning and never legally binding. Facts Mr. Ismail [...]

In Ismail v. First York Holdings Inc.,1 the Court of Appeal for Ontario found that once it has been decided that the 'main' contract is void ab initio the doctrine [...]

The Ontario Court of Appeal's recent decision in Baffinland Iron Mines LP v. Tower-EBC G.P./S.E.N.C.,1 has clarified the impact of certain contractual language in arbitration agreements or clauses that may [...]

You have an arbitration clause in your contract, but it is silent on the type of arbitrator and the process for appointing him or her. After a dispute arises, you [...]

Commercial arbitration is widely perceived as a pathway to obtaining a final and binding decision (styled as an 'award') that is not subject to appeal. However, this is not always [...]

In Tall Ships Development Inc. v Brockville (City)1, the Court of Appeal for Ontario recently considered the basis for setting aside arbitral awards under sections 45 or 46 of the [...]

In its recent decision in Tall Ships Development Inc. v. Brockville (City)1, the Court of Appeal for Ontario reviewed the appellate powers under sections 45 and 46 of the Arbitration [...]

Commercial parties choose arbitration to avoid litigating disputes. By design, contractual arbitration clauses set the 'ground rules' by which the parties seek to divorce their claims from the civil litigation [...]

Followers of arbitration caselaw in Ontario will be feeling a sense of déj- vu - the Ontario Court of Appeal has released another decision that directs lower courts to proceed [...]

Many parties enter into agreements requiring that disputes be determined by binding arbitration. Some parties may voluntarily choose arbitration at a later time instead of pursuing a dispute through the [...]

In its recent decision Mensula Bancorp Inc. v. Halton Condominium Corporation No. 137,1 the Ontario Court of Appeal confirmed that the judicial power to set aside an award under subsection [...]

Good afternoon. Following are this week's summaries of the Court of Appeal for Ontario for the week of November 7, 2022. In Mensula Bancorp Inc. v. Halton Condominium Corporation No. [...]

A recent decision from the Ontario Court of Appeal has confirmed that an arbitrator has jurisdiction to resolve a dispute through a summary judgment motion. The decision confirms that an [...]

Ontario courts adopt a deferential posture toward commercial arbitration awards. This approach is consistent with the fundamental principle underlying Ontario's Arbitration Act, 1991, S.O. 1991, c.17 (the Act), i.e. to [...]

Canadian appeal courts adopt a deferential posture toward commercial arbitration awards. This approach protects the policy underlying Ontario's Arbitration Act, 1991, S.O. 1991, c.17 (the 'Act'), which is to promote [...]

Commercial arbitration has two primary goals: efficiency and finality. Parties who enter into private domestic arbitration do so in part to avoid the lengthy delays associated with civil litigation. The [...]

Overview and Why This Case Matters The Ontario Superior Court of Justice in Electek Power Services Inc. v. Greenfield Energy Centre Limited Partnership, 2022 ONSC 894 ('Electek') recently set aside [...]

On October 10, 2012, I gave a speech at an Advocates' Society program. The program was entitled Arbitration is the New Black. My presentation focused on seven issues which should [...]

Competence-competence is now a foundational principle of the modern law of arbitration. According to that principle, an arbitral tribunal is competent to decide its own competence. In other words, the [...]