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...
by Barry Arbus | Dec 15, 2020 | Arbitration
Arbitration is becoming increasingly common as a means of dispute resolution in commercial contracts. Often, however, little attention is given to the arbitration clause itself, which may be “boilerplate”, or which may be drafted by commercial lawyers who have little...
by Barry Arbus | Oct 27, 2020 | Arbitration
A recent decision of the Ontario Superior Court, which was affirmed by the Court of Appeal, looked at whether there is a right to appeal where the parties’ contract states that the arbitral award is “final and binding”.[1] What does it say in the Arbitration Act,...
