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...
by Barry Arbus | Jan 10, 2022 | Arbitration
Optiva Inc. v. Tbaytel: Does a Summary Judgment Motion in Arbitration Constitute a “Hearing” under Arbitration Legislation? Optiva Inc. v. Tbaytel, 2021 ONSC 2929 (“Optiva”),[1] involved a post-award challenge to an arbitrator’s decision to proceed by way of summary...
by Barry Arbus | Nov 16, 2021 | Litigation
Not long ago, we looked at the decision of the Supreme Court of Canada in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 (“Vavilov”),[1] and its companion case, Bell Canada v. Canada (Attorney General), 2019 SCC 66.[2] Vavilov raised the...
by Barry Arbus | Sep 28, 2021 | Litigation
In the recent decision of United Mexican States v. Burr,[1] the Ontario Superior Court of Justice upheld a decision of an international arbitral tribunal (the “Tribunal”). The court’s decision was subsequently upheld by the Ontario Court of Appeal.[2] Background...
by Barry Arbus | Jun 17, 2021 | Arbitration, Litigation
What happens when an agreement requires both arbitration and litigation: Bakaris v. Southern Sky Recently in Bakaris v. Southern Sky, 2020 ONSC 7306 (“Bakaris”),[1] the Ontario Superior Court of Justice addressed how parties should proceed when their agreements...
by Barry Arbus | May 4, 2021 | Arbitration
The recent decisions of the Supreme Court of Canada in Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65,[1] and its companion case, Bell Canada v. Canada (Attorney General), 2019 SCC 66,[2] have created some confusion as to the standard of...
