Reasons for Award Required

The Court of Appeal of Alberta upheld a Queen’s Bench justice’s finding that a labour arbitration must be set aside for having given inadequate reasons: United Food and Commercial Workers, Local 401 v. XL Foods Inc. (Calgary Beef Plant), 2016 ABCA 31. The issue before the arbitrator was about notice of termination of employment and the […]

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Hybrid Med-Arb Process

In Pinder v Woodrow, 2015 ABQB 750 the Alberta Court of Queen’s Bench upheld an arbitration award from matrimonial proceedings settled during an arbitration. The arbitrator signed the settlement agreement, but appears not to have recorded it in the form of an award as required by section 36 of the Arbitration Act. Following an application by Ms Woodrow, he […]

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Rules of Court Amended

The Alberta Rules of Court were amended August 21, 2015 by AR 128/2015. Rule 4.19 adds a third document that may result from a JDR: “a transcript of proceedings made in open court at the time of the judicial dispute resolution process which records the outcome of [that] process.” New rule 4.20(4) provides for the use […]

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Law, Equity, Fairness in Arbitration

A recent article by Toronto arbitrator William Horton in The Lawyers Weekly (here) highlights the need for parties agreeing to arbitration to consider what guidance, if any, they may wish to give the tribunal about “how to decide”. Should the test be strictly law-based, or should fairness or some other principles be considered? Parties are free […]

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Lien Claim Referred to New Jersey Arbitrator

Master Robertson of the Alberta Court of Queen’s Bench decided in West Coast Installations, Inc. v. Frazier Industrial Co.  that a collection action involving enforcement of a claim under the Builders’ Lien Act should be referred to arbitration in New Jersey, just as the contract between the parties provided. The defendant’s Statement of Defence (coupled with a […]

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New Contract Law from Supreme Court

The Supreme Court today declared that it is …appropriate to recognize a new common law duty that applies to all contracts as a manifestation of the general organizing principle of good faith: a duty of honest performance, which requires the parties to be honest with each other in relation to the performance of their contractual […]

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A Win and a Loss for Arbitration

The Supreme Court of Canada restored an arbitration award after the parties made two trips to the BC Supreme Court and the BC Court of Appeal in Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 in a $4.1M  finder’s fee dispute. Appeals from commercial arbitration decisions are limited to questions of law and, absent party […]

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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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