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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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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Arbitrate Unless Beyond Doubt

Edmonton Master Schlosser in CWL Commercial (Edm) Inc. v. Dynafour Real Estate, A Partnership, 2013 ABQB 545  says a respondent opposing arbitration should be required to show that it is ‘beyond doubt’ that the matter is not subject to arbitration in order to supplant the jurisdiction of the arbitrator and force the applicant into court. The arbitrator is […]

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Appeal and Set Aside Provisions: Arbitration Act

Chief Justice Wittmann eloquently explains the appeal (s. 44) and set aside (s. 45) provisions of the Alberta Arbitration Act in Capital Power Corporation v. Lehigh Hanson Materials Limited, 2013 ABQB 413. A sampling: S. 44 Under s.44(2), before granting leave to appeal, the Court must be satisfied: that the grounds of appeal constitute questions of law; […]

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