Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The Ontario Court of Appeal dismissed an appeal over forum and arbitration clauses, holding the dispute over HPI share options belonged in Delaware and the forum clause was enforceable.
The court exercised its discretion under s.245(2) BCA to refuse a mandatory referral to arbitration because arbitration cannot be compelled over an opposing party and the petitioners did not show arbitration would be more efficient; the petitioners failed to show a real risk of dissipation or inability to pay beyond a mere suspicion given the substantial funds already held in trust pursuant to the consent order and supporting Evans valuation, so injunctive relief and orders for additional funds were refused; however, equitable considerations permitted immediate partial release (50%) of the fu…
Source excerpt
The Vice Chair's interpretation that 'court' and 'action' in s.311 WCA include private arbitrations and privately appointed arbitrators is patently unreasonable because it impermissibly expands WCAT's exclusive jurisdiction beyond the statute and legislative intent; however, WCAT's finding that the petitioner's arbitration claim includes elements of personal injury (mental distress) is supported by a tenable line of analysis and is not patently unreasonable; accordingly the Decision is quashed to the extent it treats private arbitrations as 'court actions' and the matter is remitted to WCAT t…
Source excerpt
Leave to appeal was granted in part because the Sinclair Group identified an arguable extricable question of law: whether the arbitrator erred in extending the duty to exercise contractual discretion in good faith to s.11 of the Co-Owners Agreement where s.11 may be an unenforceable agreement to agree; other grounds (procedural fairness and challenged factual findings) did not raise arguable questions of law for leave.
Source excerpt
The Federal Court of Appeal dismissed the appeal because provincial consumer protection provisions did not apply to preclude enforcement of an arbitration clause in a Federal Court Competition Act proceeding, s.25 FCA argument was not properly pursued and lacks merit, the appellant failed to demonstrate on the record that the arbitration clause was clearly incapable of performance or clearly unconscionable, and competence‑competence requires that arguable challenges to arbitrator jurisdiction and clause validity be decided by the arbitrator; accordingly the stay in favour of arbitration was p…
Source excerpt
The Court of Appeal held that Rule 9, not the Arbitration Act’s 30-day limit, governed the timing of a cross appeal from an arbitral award.
The Court of Appeal held that a challenge to a settlement reached during grievance arbitration fell within arbitral jurisdiction under the collective agreement and the Labour Relations Code.
The court held that B.C.’s BPCPA amendments to consumer dispute-resolution clauses apply prospectively, not retroactively, and stayed most claims in favour of arbitration.
The court held RSA directors breached Societies Act conflict rules in considering Fusion’s membership application and granted interim associate membership plus fair reconsideration orders.
The Court of Appeal dismissed Rehn Enterprises’ appeal of a labour arbitration award, holding the matter fell within the Labour Relations Board’s jurisdiction under s. 99, not s. 100.
Explore more
