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Losing Your Right to Arbitrate

Losing Your Right to Arbitrate

Paulpillai v. YusufIn 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 factsMr. Yusuf and Mr....
Judicial Intervention in Arbitration Awards

Judicial Intervention in Arbitration Awards

Canada is often promoted as an “arbitration-friendly” jurisdiction, with a judiciary that is supportive of arbitration. Indeed, court intervention in arbitrations is expressly limited by statute.[1]Two recent cases involving judicial intervention in arbitration awards...
Enforcing an Arbitration Award

Enforcing an Arbitration Award

Confirm Enforceability Before applying to enforce an arbitral award, you should first establish that the award is, in fact, enforceable. Typically, monetary awards in the form of damages, awards that declare a party’s rights, and equitable remedies (such as specific...