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Ontario Superior Court defers 'jurisdictional' objections based on limitation defence and non-adherence to pre-arbitration procedural steps to arbitral tribunal Facts The City of Kingston ('the City') contracted Cruickshank Construction ('Cruickshank') [...]

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 [...]

Commercial arbitration promotes finality. Parties who agree to resolve their disputes outside of litigation will be held to that choice. For this reason, under Ontario's Arbitration Act, 1991, S.O. 1991, [...]

In Aquanta Group Inc v. Lightbox Enterprises Ltd, the Ontario Superior Court of Justice considered the role of the courts when reviewing arbitral awards under the Arbitration Act, 1991('Arbitration Act'). [...]

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 [...]

In a recent Court of Appeal for Ontario motion decision in Goberdahn v Knights of Columbus, 2023 ONCA 269, Justice Nordheimer dismissed a request for leave to file a five-page [...]

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 [...]

Why This Case Matters In Van Doorn v Loopstra Nixon, 2023 ONSC 1782, the Court was tasked with appointing an arbitrator to adjudicate a law firm partnership dispute, in a [...]

Arbitration provides parties with an accessible and effective resolution mechanism to resolve disputes outside of the justice system. While Courts maintain oversight over the private arbitration process, in general, the [...]

The Ontario Arbitration Act gives parties the right to appeal arbitration awards to the Court on questions of law.1 The recent Ontario Court of Appeal ('ONCA') decision in Tall Ships [...]

In Aquanta Group Inc v. Lightbox Enterprises Ltd, the Ontario Superior Court of Justice considered the role of the courts when reviewing arbitral awards under the Arbitration Act, 1991('Arbitration Act'). [...]

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 [...]

There are two main goals to commercial arbitration: efficiency and finality. The purpose is to ensure that a matter is brought to final resolution, without the need for lengthy court [...]

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: In D Lands Inc. v. KS Victoria and King Inc., 2022 ONSC 1029, the Ontario Superior Court of Justice summarized the legal principles to be applied when determining whether [...]

In a 'rare inversion of a typical problem,' the case of Electek Power Services Inc. v Greenfield Energy Centre Limited Partnership, contains an overview of the relevant principles applicable to [...]

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 [...]

Why This Decision Matters Arbitration proceedings are typically intended to provide the parties with a quicker, more cost-effective means of resolving disputes. But what happens when that process is streamlined [...]

In Toronto Standard Condominium Corporation No. 1628 v. Toronto Standard Condominium Corporation No. 1636, Soho Grand Condominiums Inc. and Soinco Limited, 2020 ONCA 612 ('TSCC No. 1628'), the Court of [...]

In Uber Technologies Inc. v. Heller (Uber), 2020 SCC 16, the Supreme Court of Canada held that the mandatory arbitration clause in Uber's service agreement that prescribed arbitration take place [...]

On June 26, 2020, the Supreme Court of Canada (SCC) released its decision in Uber Technologies Inc. v. Heller. The SCC ruled in favour of the plaintiff, allowing him to [...]

It's a Friday afternoon before a long weekend, of course, and you've just received a potential SABS priority dispute. A new Application for Accident Benefits arrives on your desk and [...]

Mandatory Arbitration Provisions in the Class Action Context: TELUS Communications Inc. v. Wellman, 2019 SCC 19 On April 4, 2019, the Supreme Court of Canada issued reasons in TELUS Communications [...]

A recent Supreme Court of Canada1 decision firmly settles lingering uncertainty over partial stays of litigation in Ontario in favour of domestic arbitration. The decision provides important guidance on Ontario's [...]

On April 4, 2019, the Supreme Court of Canada released its decision in Telus Communications Inc. v. Wellman. The decision involved the consideration of a series of arbitration agreements, the [...]

Under Ontario's current Family Law Legislation, pets, of any sort, are not treated like children They are, for all purposes of law 'property', like furniture, cars or bank accounts. So, [...]

In a recent decision, Graves v. Correactology Health Care Group Inc.,1 the Ontario Superior Court of Justice dismissed a motion to stay a franchise dispute action in favour of arbitration, [...]