Diamond & Diamond v. Srebrolow

The appeal was dismissed because the Court of Appeal concluded the motions judge did not err in finding the dispute falls outside the arbitration clause.

Citation: C39756, C39999
Parties: Plaintiff/respondent: Diamond & Diamond; Defendant/appellant: James W. Srebrolow; Defendant/appellant: Sidney J. Lebowitz
Court: Court of Appeal for Ontario
Jurisdiction: Canada
Judgment Date: 17 October 2003
Procedural Posture: Civil / Appeal to Court of Appeal From Order of Superior Court of Justice (motion Judge)
Outcome: Appeal dismissed
Legal Topics: Arbitration Clause Interpretation, Appeal, Costs
Source Language: English

Civil Procedure Arbitration Law Arbitration Clause Interpretation Appeal Costs

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Parties

Diamond & Diamond

Plaintiff/respondent

James W. Srebrolow

Defendant/appellant

Sidney J. Lebowitz

Defendant/appellant

Procedural Posture

Civil / Appeal to Court of Appeal From Order of Superior Court of Justice (motion Judge)

Legal Issues

1 Whether the subject-matter of the claim falls within the arbitration clause in the minutes of settlement

Ratio Decidendi

The appeal was dismissed because the Court of Appeal concluded the motions judge did not err in finding the dispute falls outside the arbitration clause.

Court Disposition

Appeal dismissed

Orders

Costs fixed at $7,000.00 inclusive of G.S.T. and disbursements