Domestic v International Arbitrations; No Jurisdiction to Extend Time Limit

In R & G Draper Farms (Keswick) Ltd. v. 1758691 Ontario Inc. the Ontario Court of Appeal holds that an Ontario arbitration about carrots between two Ontario companies is governed by the Arbitration Act, not the International Commercial Arbitration Act (ICAA) and that the court cannot extend the 30 day time limit within which a party […]

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Court Jurisdiction Compatible with Mandatory Arbitration

In Pietrasz v. Eminata Group the BC Supreme Court rejected a dismissed employee’s claim that a clause giving the court exclusive jurisdiction over any disputes arising from the employment contract eliminated the requirement that all disputes arising out of the contract must be resolved by arbitration. The court said the employee’s interpretation was a possible, but not […]

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Punitive Damages in Arbitration

In Pietrasz v. Eminata Group the BC Supreme Court confirmed that arbitrators have jurisdiction to award punitive damages in bad faith claims. The claim arose under an employment contract following dismissal without cause. The court said the bad faith allegation and resulting claim for punitive damages arose from a second employment contract and “thus nothing alleged […]

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