Court Declines Stay

In Nizamov v 1861398 Alberta Ltd., 2016 ABQB 401, Master Robertson declined to stay litigation in the face of a poorly-worded arbitration clause. He cited “the delay in relying on the arbitration clause, the scope of the dispute, and the parties involved” as reasons to dismiss the stay application. The arbitration clause said: The Owner and the Contractor agree […]

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Court sends matter to Arbitration

In Toyota Tsusho Wheatland Inc v Encana Corporation, 2016 ABQB 209, the court enforced a mandatory arbitration clause even though the arbitration outcome might affect 3rd party interests. The court first held that the International Commercial Arbitration Act applied, noting that, in the absence of other indicia, Toyota’s place of business is where its business decisions […]

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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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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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