Ontario: an arbitration-friendly jurisdiction, Court of Appeal confirms
Ontario remains an arbitration-friendly jurisdiction, the Ontario Court of Appeal has confirmed in its recent decision in Haas v. Gunasekaram. In overturning a motion judge’s refusal to stay proceedings under s. 7(1) of the Ontario Arbitration Act, the Court emphasized that courts should enforce arbitration agreements where possible and set out an analytical framework to be used in determining whether a stay of proceedings should be granted. The facts in Haas are straightforward. Haas entered into a shareholders’ agreement with three other investors in a Toronto restaurant. The restaurant failed. Haas sued the other three parties to the shareholders’ agreement ... [more] Full article
Demons for Negotiators
[ As originally published in The Lawyers Weekly, April 01, 2016 ] In a legal climate that relies with growing frequency on alternative dispute resolution, a lawyer’s negotiating skills are ... [more] Full article
Shotgun Clause Robs Shareholders of $750k
The BC Court of Appeal has upheld an arbitrator’s finding that triggering a shotgun clause terminated the selling parties’ interest in a joint venture, thereby eliminating their entitlement to an ... [more] Full article
Injunctions available to enforce foreign arbitral awards, BC court says
The New York Convention permits parties to arbitrations to enforce arbitral awards in any contracting state, including Canada. This means that Canadian courts are not entitled to consider whether the ... [more] Full article