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 | 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 | 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...
by Barry Arbus | Mar 2, 2021 | Arbitration
The court closures necessitated by the COVID-19 pandemic, as well as continued public health restrictions, including restrictions on in-person proceedings and the need for physical distancing, have made ADR a more attractive means of dispute resolution than ever...
by Barry Arbus | Jan 26, 2021 | Arbitration
In the recent decision of Paulpillai v. Yusuf, 2020 ONSC 851,[1] the Ontario Superior Court found that the Respondents had waived their right to have the dispute in question determined by arbitration. A brief summary of the facts of Paulpillai v. Yusuf Mr. Yusuf and...
