Arbutus Software Inc.

Arbutus Software Inc.

The court granted leave to appeal on the delineated pure questions of law (Schedule B) because the petitioner raised arguable legal errors in contractual interpretation of the reorganization agreement and the importance of the arbitration result justified judicial intervention; issues of alleged arbitral error will...

Source-derived case information.

Citation
2012 BCSC 107
Parties
Petitioner: Arbutus Software Inc.; Respondent: ACL Services Ltd.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
25 January 2012
Procedural Posture
Commercial Arbitration Appeal From Arbitral Award / Application for Leave to Appeal Under Commercial Arbitration Act
Outcome
Application for leave to appeal granted in part; leave granted on specified questions of law (Schedule B); arbitral error issues to be heard with the appeal.
Legal Topics
Contractual Interpretation, Restrictive Covenants in Restraint of Trade, Arbitral Error and Natural Justice, Judicial Review of Arbitration Awards, Admissibility of Extrinsic Evidence and Factual Matrix
Source Language
english
Contract Law Arbitration Commercial Law Restrictive Covenants Procedural Fairness Contractual Interpretation Restrictive Covenants in Restraint of Trade Arbitral Error and Natural Justice +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Arbutus Software Inc.

Petitioner

ACL Services Ltd.

Respondent

Procedural Posture

Commercial Arbitration Appeal From Arbitral Award / Application for Leave to Appeal Under Commercial Arbitration Act

Legal Issues

  1. 1 Whether the arbitrator failed to apply proper principles of contractual interpretation and therefore made an error of law
  2. 2 Whether the arbitrator improperly relied on extrinsic evidence and the parties' subjective intentions contrary to the factual matrix rule
  3. 3 Whether the arbitrator committed an arbitral error (exceeding powers or breach of natural justice) by dismissing the counterclaim and refusing document production

Ratio Decidendi

The court granted leave to appeal on the delineated pure questions of law (Schedule B) because the petitioner raised arguable legal errors in contractual interpretation of the reorganization agreement and the importance of the arbitration result justified judicial intervention; issues of alleged arbitral error will be heard together with the granted leave appeal.

Court Disposition

Application for leave to appeal granted in part; leave granted on specified questions of law (Schedule B); arbitral error issues to be heard with the appeal.

Orders

  • Grant leave to appeal on the questions of law identified in Schedule B of the reasons for judgment
  • Determinaton of alleged arbitral errors under s.30 to be heard together with the s.31 appeal