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Appellate Restraint and Commercial Reasonableness in Commercial Arbitration

Wed, 2023-01-11 09:42

The B.C. Court of Appeal’s recent decision in Spirit Bay Developments Limited Partnership v. Scala Developments Consultants Ltd., 2022 BCCA 407 highlights three important aspects of commercial arbitration appeals:

Tall Ships Ontario Court of Appeal Decision – No Appeal for You!

Tue, 2022-12-20 13:57

The Ontario Court of Appeal’s (the “Court of Appeal”) decision in Tall Ships Development Inc. v. Brockville (City), 2022 ONCA 861 reaffirms the very narrow basis for setting aside an arbitral award under s. 46 of the Arbitration Act.[1] The Court of Appeal emphasized that, “[a]s a matter of policy, and as the Supreme Court of Canada has stated repeatedly, judges exercising their appellate powers under s. 45 of the Arbitration Act should be cautious about extricating questions of law from the interpretation process”[2].

War & Peace: Enforcement of International Arbitral Awards in Canada in an Age of Monetary Sanctions

Mon, 2022-11-21 10:32

The Alberta Court of King’s Bench recently provided guidance on the practical application of the economic sanctions imposed by the Special Economic Measures (Russia) Regulations (the “Russia Sanctions”).

When do actions (or inaction) speak louder than words? Justmark Industries Inc. v. Infinitus (China) Ltd., 2022 ONSC 5495

Tue, 2022-11-15 17:09

In Justmark Industries Inc. v. Infinitus (China) Ltd., 2022 ONSC 5495 the Ontario Superior Court of Justice found that in the context of the Model Law, acting in a manner that is inconsistent with an arbitration clause does not in and of itself constitute sufficient waiver of the right to arbitrate.

Off to Arbitration: Federal Court stays Class Action in Support of Arbitration

Thu, 2022-10-27 14:32

In Difederico v, the Federal Court of Canada upheld the competence-competence principle, reinforced the binding nature of contracts of adhesion, and confirmed that an arbitration clause cannot be deemed unconscionable by the circumstances under which an individual seeks to bring a claim, but rather the clause must be unconscionable on its face. Additionally, the Court reinforced the high bar for a finding that an arbitration clause is unconscionable.