Canada Case Law

2197 Otter Point Properties Nominee Ltd. v. GT Mann Contracting Ltd.

Court

Supreme Court of British Columbia

The December 19, 2024 without prejudice settlement letter is inadmissible for lack of a demonstrated exception (no evidence of detrimental reliance); the s.7 technical prerequisites are arguably met because 2197 Otter Point Properties is arguably a party to the contract and the subject matter is arbitrable; settlement offers (including references to Rule 9-1) do not, as a class, constitute steps in proceedings nor give rise to waiver or estoppel absent evidence of detrimental reliance; the entirety of the dispute, including claims against Graeme Mann, is sufficiently intertwined with the cont…

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• Stay of proceedings
• Arbitration agreement
• Without prejudice/settlement privilege
• Representation estoppel
• Waiver
• Steps in litigation

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Hilmer Motorsport GmbH v. Mason

Court

Court of Appeal for Ontario

Ontario Court of Appeal upheld recognition and enforcement of a German default judgment, holding the Munich court had jurisdiction and the arbitration clause did not bar enforcement.

• Recognition and enforcement
• Public policy defence
• Jurisdiction
• Arbitration agreement
• Stay in favour of arbitration
• Default judgment

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Baffinland Iron Mines LP v. Tower-EBC G.P./S.E.N.C.

Court

Court of Appeal for Ontario

The court declined to award substantial indemnity costs, held that BIM's costs for its successful motion to quash must be deducted from any costs otherwise payable to TEBC for the appeal, and fixed a reasonable net award of $90,000 (all inclusive) to TEBC for the appeal based on the significance of the issues, the skilled teams employed, and TEBC's need to respond to BIM's submissions on leave to appeal.

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• Costs
• Motion to quash
• Leave to appeal
• Arbitration agreement

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Husky Food Importers & Distributors Ltd. v. JH Whittaker & Sons Limited

Court

Court of Appeal for Ontario

For stays under s.9 ICAA/Model Law art.8 the correct standard for establishing the technical prerequisites including existence of an arbitration agreement is the lower "arguable case" standard; on the record it was arguable an arbitration agreement existed and the motion judge did not err, so the stay was correctly granted and the appeal is dismissed.

Source excerpt

• Stay of proceedings
• Standard of proof
• Arbitration agreement
• Model law art.8
• International commercial arbitration act 2017

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Beck v. Vanbex Group Inc.

Court

Supreme Court of British Columbia

The court granted a partial stay of a proposed class action, finding an arguable case that Vanbex Group was bound by an arbitration clause through non-signatory status.

• Arbitration agreement
• Stay of proceedings
• Piercing corporate veil
• Agency
• Class action waiver
• Business practices and consumer protection act s.172

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Zia v. Ahmad

Court

Court of Appeal for Ontario

The court affirmed the motion judge: the arbitration Award did not cover support or equalization and there was no agreement or stay to oust court jurisdiction; therefore res judicata did not apply. The appellant failed to provide an adequate explanation for the prolonged default, failed to provide disclosure or an arguable case and lacked clean hands. On those findings the motion judge properly refused to set aside the default order and the appeal is dismissed.

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• Spousal support
• Equalization
• Default judgment
• Setting aside default
• Res judicata
• Jurisdiction

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Malcolm Drilling Company Inc. v. The Graham-Aecon Joint Venture

Court

Supreme Court of British Columbia

The court held it was clear or at least arguable that the subcontract required arbitration, and stayed the action pending arbitration under s. 15 of the Arbitration Act.

• Stay of proceedings
• Arbitrability
• Arbitration agreement
• Contract interpretation
• Incorporation by reference
• Competence-competence

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Aujla v. Aujla

Court

Supreme Court of British Columbia

The court dismissed an application to set aside or limit a family arbitration agreement, finding no voidable contract grounds, no frustration, and apparent authority to agree to seven hearing days.

• Arbitration agreement
• Setting aside agreement
• Frustration of contract
• Agency and apparent authority
• Disclosure
• Costs

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Eggiman v. Martin

Court

Court of Appeal for Ontario

The appeal is dismissed because s.7(6) of the Arbitration Act, 1991 expressly precludes any appeal from a court's decision granting or refusing a stay under s.7; therefore the Court of Appeal has no jurisdiction to review the motion judge's order.

Source excerpt

• Stay of proceedings
• Arbitration agreement
• Statutory bar to appeal
• Partial stay
• Multiplicity of proceedings

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British Columbia Synod of the Evangelical Lutheran Church in Canada v. Vancouver Chinese Lutheran Church

Court

Supreme Court of British Columbia

The court stayed a petition for sale of church property, finding the dispute fell within a 2005 co-ownership agreement’s arbitration and transfer provisions.

• Stay of proceedings
• Arbitration agreement
• Privity of contract
• Successor liability
• Novation
• Enurement clause

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