Keay v. Alberta Co-operative Wheat Producers Ltd.

Keay v. Alberta Co-operative Wheat Producers Ltd.

The arbitration provisions in the Co-operative Associations Act and by-law 57, as confirmed by the Special Act, apply to disputes arising under the Marketing Agreement because trustees are charged with carrying that agreement into effect and the legislative scheme shows intent to subject such disputes to arbitration; accordingly the action must be stayed pending arbitration.

Citation
[1929] SCR 616
Parties
Appellant / Plaintiff: Harold William Keay; Respondent / Defendant: Alberta Co-Operative Wheat Producers, Ltd.; Respondent / Defendant: Alberta Pool Elevators, Ltd.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
13 June 1929
Procedural Posture
Civil Appeal Concerning Stay of Proceedings Under Arbitration Provisions / Judgment on Appeal to the Supreme Court of Canada From the Appellate Division, Supreme Court of Alberta
Outcome
Appeal dismissed with costs; order below varied to stay proceedings pending arbitration instead of dismissing the action.
Legal Topics
Stay of Proceedings, Arbitration Clause Enforcement, Interpretation of by Laws, Marketing Agreement Between Member and Cooperative, Statutory Confirmation of by Laws
Source Language
English
Arbitration Contract Law Corporate / Cooperative Law Stay of Proceedings Arbitration Clause Enforcement Interpretation of by Laws Marketing Agreement Between Member and Cooperative Statutory Confirmation of by Laws

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Harold William Keay

Appellant / Plaintiff

Alberta Co-Operative Wheat Producers, Ltd.

Respondent / Defendant

Alberta Pool Elevators, Ltd.

Respondent / Defendant

Procedural Posture

Civil Appeal Concerning Stay of Proceedings Under Arbitration Provisions / Judgment on Appeal to the Supreme Court of Canada From the Appellate Division, Supreme Court of Alberta

Legal Issues

  1. 1 Whether a dispute existed between the member and the Pool or its officers
  2. 2 Whether the arbitration provisions in the Co-operative Associations Act and by-law 57 applied to disputes arising under the Marketing Agreement
  3. 3 Whether the dispute was with the Pool as corporation or with its trustees/agents for purposes of the arbitration clause

Ratio Decidendi

The arbitration provisions in the Co-operative Associations Act and by-law 57, as confirmed by the Special Act, apply to disputes arising under the Marketing Agreement because trustees are charged with carrying that agreement into effect and the legislative scheme shows intent to subject such disputes to arbitration; accordingly the action must be stayed pending arbitration.

Court Disposition

Appeal dismissed with costs; order below varied to stay proceedings pending arbitration instead of dismissing the action.

Orders

  • Appeal dismissed with costs
  • Order of the Appellate Division varied so that proceedings are stayed pending arbitration rather than dismissed