Canada Case Law

Maplewood Properties Incorporated v. Lindsay Construction Limited

Court

Supreme Court of Nova Scotia

The application to appoint Bruce Outhouse was stayed because the scope of Arbitrator Outhouse's existing jurisdiction over matters at 800 Maplewood is unclear and that threshold issue should be resolved by Arbitrator Outhouse first; given the statutory and contractual preference for arbitration and the Dell/Uber framework, the court must defer to the arbitrator on mixed fact-and-law jurisdictional questions to avoid premature court intervention and potential abuse of process.

Source excerpt

• Arbitrator appointment
• Stay
• Jurisdiction
• Abuse of process
• Dispute resolution clause
• Consultant findings

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Draycor Construction Ltd. v. Mazzei Electric Ltd.

Court

Supreme Court of British Columbia

The court dismissed a stay application and held that a petition to cancel a builders lien under the Builders Lien Act was a statutory matter outside the subcontract’s arbitration clause.

• Builders lien
• Stay of proceedings
• Arbitrability
• Statutory remedies
• Dispute resolution clause
• Builders-lien

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JM Bay Properties Inc. v. Tung Cheng Yuen Buddhist Association

Court

Supreme Court of British Columbia

The court found a valid CCDC construction management contract, but no agreement on the construction cost estimate. Several claims were allowed only in part or sent to a Registrar inquiry.

• Termination without cause
• Construction management contract (ccdc)
• Fee entitlement
• Construction cost estimate
• Anticipated loss of profit
• Reimbursable expenses

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Onstein v. Onstein

Court

Supreme Court of British Columbia

The court dismissed a claimant’s bid to enforce a separation agreement and obtain retroactive child support, holding she failed to follow the agreement’s dispute-resolution process.

• Separation agreement enforcement
• Dispute resolution clause
• Retroactive child support
• Financial disclosure under child support guidelines
• Costs
• Child-support

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Sukul v. Sukul

Court

Supreme Court of British Columbia

The court found no material change in circumstances to vary the parenting schedule, dismissed the father’s application, awarded costs to the mother, and appointed a parenting coordinator.

• Variation of custody order
• Material change in circumstances
• Parenting coordinator appointment
• Dispute resolution clause
• Child support review
• Material-change-in-circumstances

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City of Nanaimo v. Millennium Nanaimo Properties Ltd.

Court

Supreme Court of British Columbia

The court stayed a municipal contract action against Millennium, holding the arbitration clause was at least arguably broad enough to cover the dispute.

• Stay of proceedings
• Arbitrability
• Event of default
• Penalty clause
• Dispute resolution clause
• Force majeure

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