by Barry Arbus | Mar 15, 2023 | Arbitration
In Vanhof & Blokker Ltd. v. Vanhof & Blokker Acquisition Corp, 2021 ONSC 7211,[1] Justice Pollak of the Ontario Superior Court of Justice dealt with an appeal from an arbitral award where the arbitration proceeded in the absence of one of the parties....
by Barry Arbus | Nov 1, 2022 | Arbitration
In Shahcheraghi v. Divangahi, 2021 BSCS 1576,[1] Justice Horsman of the Supreme Court of British Columbia dealt with a petition for judicial review from an order of an arbitrator (the “Arbitrator”) of the Residential Tenancy Branch (“RTB”) pursuant to the Residential...
by Barry Arbus | Aug 15, 2022 | Arbitration
In Hornepayne First Nation v. Ontario First Nations (2008) Ltd.,[1] the Ontario Superior Court of Justice confirmed that arbitrators’ decisions as to their own jurisdiction are not owed any deference under s. 17(8) of the Ontario Arbitration Act, 1991 (the “Act”).[2]...
by Barry Arbus | May 9, 2022 | Arbitration
In CSI Toronto Car Systems Installation Ltd. v. Pittasoft Co., Ltd., 2021 ONSC 5117,[1] the defendant’s conduct was found to have estopped it from enforcing its arbitration agreement. Background The plaintiff brought a motion to consolidate two actions and the...
by Barry Arbus | Mar 8, 2022 | Litigation
Kore Meals LLC v. Freshii Development LLC: In Kore Meals LLC v. Freshii Development LLC, 2021 ONSC 2896, Justice Morgan of the Ontario Superior Court of Justice was faced with the question of whether, in the age of Zoom, any forum is more non conveniens than...
