Conconi Developments Ltd. v. DR4 Developments Ltd.
The court held that the applicants did not take any step in the proceedings that would bar relief under s.15(1); the joint application to strike did not amount to a prior step and the informal letter requesting documents was not a procedural step under the Rules of Court, therefore the stay was not barred and recourse to arbitration remained available.
- Citation
- 2014 BCSC 1101
- Parties
- Plaintiff: Conconi Developments Ltd.; Plaintiff: Namor Capital Corporation; Defendant: DR4 Developments Ltd.; Defendant: Hudson Holdings Ltd.; Defendant: Joseph David Mooney also known as David Mooney
- Court
- Supreme Court of British Columbia
- Jurisdiction
- Canada
- Judgment Date
- 29 May 2014
- Procedural Posture
- Civil (arbitration) / Application for Stay of Proceedings
- Outcome
- No prior steps taken that bar recourse to arbitration; stay not barred
- Legal Topics
- Stay of Proceedings, Arbitration Agreement Enforcement, Application to Strike, Steps Barring Stay Under Statute
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Conconi Developments Ltd.
Plaintiff
Namor Capital Corporation
Plaintiff
DR4 Developments Ltd.
Defendant
Hudson Holdings Ltd.
Defendant
Joseph David Mooney also known as David Mooney
Defendant
Procedural Posture
Civil (arbitration) / Application for Stay of Proceedings
Legal Issues
- 1 Whether the dispute is subject to arbitration under the joint venture agreement
- 2 Whether defendants took prior steps in the court proceeding that bar a stay under s.15(1) of the Arbitration Act
- 3 Whether an application to strike or a letter requesting documents constitute 'any other step' under s.15(1)
Ratio Decidendi
The court held that the applicants did not take any step in the proceedings that would bar relief under s.15(1); the joint application to strike did not amount to a prior step and the informal letter requesting documents was not a procedural step under the Rules of Court, therefore the stay was not barred and recourse to arbitration remained available.
Court Disposition
No prior steps taken that bar recourse to arbitration; stay not barred
Orders
- Proceedings stayed pending arbitration
- Costs in the cause
Full Case Text
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