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Arbitration versus the “Single Proceeding Model” in Insolvency Proceedings – Which prevails?

Thu, 2022-06-09 16:53

In Royal Bank of Canada v Mundo Media Ltd[1], the Ontario Superior Court of Justice found the presence of an arbitration clause between two parties did not preclude a court-appointed Receiver in the insolvency proceedings from asserting claims by the debtor against third parties not involved in the insolvency proceedings.

Leases of Uncertain Appeals - D Lands Inc. v. KS Victoria and King Inc., 2022 ONSC 1029

Tue, 2022-05-31 17:09

In D Lands Inc. v. KS Victoria and King Inc., 2022 ONSC 1029, the Ontario Superior Court of Justice summarized the legal principles to be applied when determining whether parties have a right of appeal in contracts that are silent on the issue of appeals, and more particularly, where the agreement was executed under the former Ontario Arbitrations Act and was then arbitrated under the Ontario Arbitration Act, 1991, which provided for different default rights of appeal. 

Behind Closed Doors: Confidentiality and Arbitration

Wed, 2022-05-18 17:09
Confidentiality and privacy have long been regarded as the cornerstones of the arbitration process.

Meet your friendly neighbourhood arbitration practitioners: key takeaways from YCAP’s 2022 Spring Symposium

Wed, 2022-05-11 17:23

On May 2, 2022, the Young Canadian Arbitration Practitioners (“YCAP”) hosted its 2022 Spring Symposium in Calgary, Alberta. YCAP is an organization with an interest in promoting international arbitration in Canada and around the world.

Sweet Escape – Chocolate manufacturer successfully stays Ontario action and refers claims to arbitration in New Zealand

Wed, 2022-04-20 23:09

In Husky Food Importers & Distributors Ltd. v. JH Whittaker & Sons Limited, 2022 ONSC 1679 (“Husky Food Importers”), JH Whittaker & Sons Limited (“Whittaker’s), a New Zealand incorporated chocolate manufacturer, successfully brought a motion to stay an action commenced against it by an Ontario company, Husky Food Importers & Distributors Ltd (“Husky”), and refer Husky’s action to arbitration in New Zealand.

The Unruly Horse of Public Policy: BC Supreme Court Considers Whether the Public Policy Exception Extends to Post-Arbitral Domestic Enforcement

Mon, 2022-04-11 16:20

In Enrroxs Energy and Mining Group v Saddad, 2022 BCSC 285, Justice Crerar of the British Columbia Supreme Court had to determine whether the potential for double recovery justified refusing to recognize and enforce a foreign arbitral award based on the public policy exception.

Time for a change? Financial services and international arbitration

Wed, 2022-03-30 22:20

Parties involved in certain industries, such as construction and engineering, oil and gas, and mining, often elect international arbitration as their go to forum for dispute resolution in their contracts, as they are able to appoint adjudicators with specialized knowledge. As such, these parties make up a large number of disputes heard by international arbitral institutions, such as the International Chamber of Commerce (“ICC”). By contrast, parties operating in the world of financial services have turned to arbitration with far less frequency.

Stumped! Ontario court sets aside arbitral award due to inadequate reasons

Thu, 2022-03-17 09:21

In Alberta Cricket Association v. Alberta Cricket Council, 2021 ONSC 8451, Justice Perell of the Ontario Superior Court of Justice set aside an arbitral award on the basis that that the Arbitrator failed to provide adequate reasons and did not provide an explanation for the award, contrary to section 38 (1) of the Ontario’s Arbitration Act, 1991[1] (the “Act”). Justice Perell also ordered a new arbitration be conducted by a new arbitrator.

Ontario Decision Further Clarifies the Court’s Role When Considering an Arbitral Panel’s Ruling on its Own Jurisdiction

Wed, 2022-03-09 18:17

The Ontario Superior Court of Justice in Electek Power Services Inc. v. Greenfield Energy Centre Limited Partnership, 2022 ONSC 894 (“Electek”) recently set aside a preliminary jurisdiction decision by an arbitral panel that it had jurisdiction over the matter before it. In setting aside the arbitral panel’s decision, the Court considered recent jurisprudence under s. 17(8) of the Arbitration Act[1], and found that it was required to determine the issue on a de novo basis, and not as an appeal in which administrative law or appellate standards set out in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 (“Vavilov”) would apply.