Tag: Arbitration Canada

Canada – Court of Appeal Upholds “Single Proceeding” Insolvency Model Over Recourse to Arbitration author.

Canada – Court of Appeal Upholds “Single Proceeding” Insolvency Model Over Recourse to Arbitration

This article was first published on the Arbitration Matters blog, here. In Mundo Media Ltd. (Re), 2022 ONCA 607, Court of...

By James Plotkin
Canada – Parallel Proceedings Insufficient to Justify Disregard of Arbitration Agreement author.

Canada – Parallel Proceedings Insufficient to Justify Disregard of Arbitration Agreement

In Travelers Insurance Company of Canada v Greyhound Canada Transportation, 2022 QCCQ 4746, Justice Davignon declined jurisdiction over part of a dispute –...

By Eric Bédard
Canada – Why Arbitration Needs the Courts – And Vice Versa author.

Canada – Why Arbitration Needs the Courts – And Vice Versa

In Benke v Loblaw Companies Limited, 2022 ABQB 461, Justice Feasby called for a “culture change” in the courts to “create...

By Lisa C. Munro
Canada – Arbitration Clause Not Consideration; Provides Only Detriment to Contracting Party author.

Canada – Arbitration Clause Not Consideration; Provides Only Detriment to Contracting Party

This article was first published on the Arbitration Matters blog, here. In Goberdhan v Knights of Columbus, 2022 ONSC 3788, Justice...

By Lisa C. Munro
Canada – Court Partially Stays Class Action Related to Videogame “Loot Boxes” author.

Canada – Court Partially Stays Class Action Related to Videogame “Loot Boxes”

This article was first published on the Arbitration Matters blog, here. In Petty v Niantic Inc., 2022 BCSC 1077, Justice Mayer...

By James Plotkin
Canada – Motion to “Compel” Participation in Arbitration Dismissed, Despite Arbitration Clause author.

Canada – Motion to “Compel” Participation in Arbitration Dismissed, Despite Arbitration Clause

This article was first published on the Arbitration Matters blog, here. In Black & McDonald v. Eiffage Innovative Canada Inc., 2022...

By Lisa C. Munro
Canada – Appeal/Set Aside Not Designed to “Save the Parties from Themselves” author.

Canada – Appeal/Set Aside Not Designed to “Save the Parties from Themselves”

This article was first published on the Arbitration Matters blog, here. In Singh v Modgill, 2022 ABQB 369, Justice Feasby denied...

By Lisa C. Munro
Canada – Franchisor Addresses Uber Arbitration Agreement Flaws to Obtain Stay of Proceedings author.

Canada – Franchisor Addresses Uber Arbitration Agreement Flaws to Obtain Stay of Proceedings

This article was first published on Arbitration Matters, here. In Kang v Advanced Fresh Concepts Franchise Corp., 2021 BCPC 262, Small...

By Lisa C. Munro
Canada – Award Challenged for Legal Error, Denial of Natural Justice After Baseball Arbitration author.

Canada – Award Challenged for Legal Error, Denial of Natural Justice After Baseball Arbitration

This article first appeared on the Arbitration Matters blog, here. In 1150 Alberni Limited Partnership v Northwest Community Enterprises Ltd., 2021...

By Lisa C. Munro
Canada – Challenge to Arbitrator’s Integrity to be Determined Using Bias Test author.

Canada – Challenge to Arbitrator’s Integrity to be Determined Using Bias Test

This article first appeared on the Arbitration Matters blog, here. In Farmer v Farmer, 2021 ONSC 5913, the appellant wife appealed...

By Lisa C. Munro
Canada – Arbitrator’s Award Set Aside on Basis that it was “Arbitrary and Irrational” author.

Canada – Arbitrator’s Award Set Aside on Basis that it was “Arbitrary and Irrational”

This article first appeared on the Arbitration Matters blog, here. In Shahcheraghi v Divangahi, 2021 BCSC 1576, Justice Horsman set aside...

By Lisa C. Munro
Canada – Under New B.C. Act, Third Party May Apply to Arbitrator OR Court to Set Aside Subpoena Issued by Arbitrator author.

Canada – Under New B.C. Act, Third Party May Apply to Arbitrator OR Court to Set Aside Subpoena Issued by Arbitrator

This article first appeared on the Arbitration Matters blog, here. In Terrace Community Forest LLP v Skeena Sawmills Ltd., 2021 BCSC...

By Lisa C. Munro
Arbitration Conversation No. 57: Independent Arbitrator Julie G. Hopkins from Calgary, Canada author.

Arbitration Conversation No. 57: Independent Arbitrator Julie G. Hopkins from Calgary, Canada

In this episode of the Arbitration Conversation Amy interviews Independent Arbitrator Julie G. Hopkins from Calgary, Canada. Julie has decided...

By Julie Hopkins, Amy Schmitz
Supreme Court of Canada finds Uber Arbitration Clause is Unconscionable author.

Supreme Court of Canada finds Uber Arbitration Clause is Unconscionable

This article first appeared on Global Arbitration News by Baker McKenzie, here. In Uber Technologies Inc. v. Heller, 2020 SCC 16 (“Uber v....

By Christina Doria, Brittany Shales
Canada – Non-party Witnesses Applying to Arbitrator to Quash Summonses Do Not Attorn to Jurisdiction author.

Canada – Non-party Witnesses Applying to Arbitrator to Quash Summonses Do Not Attorn to Jurisdiction

Despite extensive rights of appeal provided in BP’s and D’s agreement to arbitrate, Mr. Justice William S. Chalmers in Bergmanis v....

By Daniel Urbas
Arbitration Conversation No. 54: Canadian Arbitrator Myriam M. Seers, Senior Associate at Torys LLP author.

Arbitration Conversation No. 54: Canadian Arbitrator Myriam M. Seers, Senior Associate at Torys LLP

In this episode of The Arbitration Conversation, Amy interviews Myriam Seers, an experienced arbitrator and Vice-Chair of the ICC Canada...

By Myriam Seers, Amy Schmitz
Canada – Jurisdiction Involves Whether Arbitrator has Authority to Make Inquiry, Not the Answer to the Inquiry author.

Canada – Jurisdiction Involves Whether Arbitrator has Authority to Make Inquiry, Not the Answer to the Inquiry

This article first appeared on Urbas Arbitral, here. In Parc-IX Limited v. The Manufacturer’s Life Insurance Company, 2021 ONSC 1252, Mr....

By Daniel Urbas
Arbitration Conversation No. 53: Canadian Arbitrator Janet Walker author.

Arbitration Conversation No. 53: Canadian Arbitrator Janet Walker

In this episode of the Arbitration Conversation Amy interviews Janet Walker, an independent arbitrator with chambers at Arbitration Place in...

By Janet Walker, Amy Schmitz
Canada – Arbitrator Has Jurisdiction/Obligation to Decide Recusal Even Absent Express Grant of Authority to Do So author.

Canada – Arbitrator Has Jurisdiction/Obligation to Decide Recusal Even Absent Express Grant of Authority to Do So

This article first appeared on Urbas Arbitral, here. In Syndicat des employés du CISSSMO, section locale 3247 v. Murray, 2021 QCCS...

By Daniel Urbas
Canada – ‘State of the Current Case Law’ Justifies Leave to Appeal Raising Autonomy of Agreement to Arbitrate author.

Canada – ‘State of the Current Case Law’ Justifies Leave to Appeal Raising Autonomy of Agreement to Arbitrate

This article first appeared on Urbas Arbitral, here. Referring to the ‘state of the current case law’, Mr. Justice Frédéric...

By Daniel Urbas
An Argument Against Using the Supreme Court Rules in UMP Arbitrations author.

An Argument Against Using the Supreme Court Rules in UMP Arbitrations

The purpose of this exercise is to impart to the reader (the parties and their counsel) the advantage of employing...

By Kenneth Glasner
Arbitration Conversation No. 29: Jonathan Eades, Senior Legal Counsel, BC Attorney General author.

Arbitration Conversation No. 29: Jonathan Eades, Senior Legal Counsel, BC Attorney General

In this episode of the Arbitration Conversation, Amy interviews Jonathan Eades, Senior Legal Counsel, British Columbia Office of the Attorney...

By Jonathan Eades, Amy Schmitz

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