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 | 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...