Tag: Canada

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 – Court Extends Arbitrator’s Immunity to Appointing Authority author.

Canada – Court Extends Arbitrator’s Immunity to Appointing Authority

This article was first published on the Arbitration Matters blog, here. In B Smart Technology inc. v. American Arbitration Association, 2022...

By Marie-Claude Martel
Canada – Determining Appeal Rights in Arbitration Agreement in Effect since 1960 Arbitration Act author.

Canada – Determining Appeal Rights in Arbitration Agreement in Effect since 1960 Arbitration Act

This article was first published on the Arbitration Matters blog, here. In D Lands Inc. v KS Victoria and King, 2022...

By Lisa C. Munro
Canada – Continuing Confusion Over Nature of Court Review of Arbitration author.

Canada – Continuing Confusion Over Nature of Court Review of Arbitration

This article was first published on the Arbitration Matters blog, here. In PCL Constructors Canada Inc. v Johnson Controls, 2022 ONSC...

By Lisa C. Munro
Ontario, Canada: Another Arbitration Decision Upholds Mandatory COVID-19 Vaccination Policy author.

Ontario, Canada: Another Arbitration Decision Upholds Mandatory COVID-19 Vaccination Policy

This article was first published on the Littler® Insight Blog (Link here) and is reprinted here with permission. In Unifor Local...

By Rhonda B. Levy, Barry Kuretzky
Canada – Standard of Review: Set Aside for Applicant’s “Inability to Present his Case” author.

Canada – Standard of Review: Set Aside for Applicant’s “Inability to Present his Case”

This article was first published on the Arbitration Matters blog, here. In Nelson v The Government of the United Mexican States,...

By Lisa C. Munro
Canada – No Issue Estoppel Regarding Arbitrator’s Findings in Later Litigation author.

Canada – No Issue Estoppel Regarding Arbitrator’s Findings in Later Litigation

This article was first published on the Arbitration Matters blog, here. In The 6th Line Mofos Limited v Stewart, 2022 ONSC 520,...

By Lisa C. Munro
Canada – Statute Gives Unintended Economic Incentives to Avoid Mandatory Arbitration author.

Canada – Statute Gives Unintended Economic Incentives to Avoid Mandatory Arbitration

This article was first published on the Arbitration Matters blog, here. In Metropolitan Toronto Condominium Corporation No. 1171 v Rebeiro, 2022...

By Lisa C. Munro
Canada – Fresh Evidence Test the Same on Set Aside Applications on Fairness Grounds and Judicial Review Applications author.

Canada – Fresh Evidence Test the Same on Set Aside Applications on Fairness Grounds and Judicial Review Applications

This article was first published on the Arbitration Matters blog, here. In Vento Motorcycles Inc. v United Mexican States, 2021 ONSC...

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
Canada – Party Not Abandoning Position Made in Written Argument, Despite Counsel’s Failure to Object to Arbitrator’s Contrary Understanding author.

Canada – Party Not Abandoning Position Made in Written Argument, Despite Counsel’s Failure to Object to Arbitrator’s Contrary Understanding

This article was originally published on Arbitration Matters, here. In Eisler v. Connor Clark & Lunn Financial Group Ltd., 2021 BCSC...

By Lisa C. Munro
Canada – Arbitration Remains Mandatory Despite Option Given to Only One Party to Waive Arbitration author.

Canada – Arbitration Remains Mandatory Despite Option Given to Only One Party to Waive Arbitration

This article first appeared in Urbas Arbitral, here. In Malcolm Drilling Company Inc. v. The Graham-Aecon Joint Venture, 2021 BCSC 1136,...

By Daniel Urbas
Canada – Offer to Settle in Advance of Stay Application Must Contain Real Compromise to Justify Higher Costs author.

Canada – Offer to Settle in Advance of Stay Application Must Contain Real Compromise to Justify Higher Costs

This article first appeared on Urbas Arbitral, here. In Kore Meals LLC v. Freshii Development LLC, 2021 ONSC 3736, Mr. Justice...

By Daniel Urbas
Canada – Complex Contractual Matrix and Lack of Privity Prompts Court to Propose Arbitration author.

Canada – Complex Contractual Matrix and Lack of Privity Prompts Court to Propose Arbitration

This article first appeared on Urbas Arbtiral here. In CUSO International v. Pan American Development Foundation, 2021 ONSC 3101, Mr. Justice...

By Daniel Urbas
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
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
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
Canada – Commercial Dispute “Foundationally Different” from Investor-State Claim author.

Canada – Commercial Dispute “Foundationally Different” from Investor-State Claim

This article first appeared on Urbas Arbitral, here. In lululemon athletica canada inc. v. Industrial Color Productions Inc., 2021 BCSC 15,...

By Daniel Urbas
2020 Canadian Arbitration Year in Review author.

2020 Canadian Arbitration Year in Review

From January to December 2020, Daniel Urbas shared one hundred and fifty-five (155) notes on recent Canadian court decisions, highlighting...

By Daniel Urbas
Canada – Sequential Arbitrations without Exclusion of Courts Renders Clause Invalid in Real Rights Litigation author.

Canada – Sequential Arbitrations without Exclusion of Courts Renders Clause Invalid in Real Rights Litigation

This article first appeared on Urbas Arbitral, here. Distinguishing between actions involving personal and real rights, Mr. Justice Martin Castonguay...

By Daniel Urbas

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