Mediation or Litigation in Ontario: Pros and Cons
March 18, 2025 By Brian Babcock Resolving legal disputes can be a challenging and stressful process, but there are several options available in Ontario to help parties navigate their conflicts. Two of the most popular methods are mediation and litigation. Both have their own advantages and disadvantages, and understanding these can help you choose the […]
Leave To Appeal An Arbitration Award
January 30, 2025 By Mark Mikulasik Section 45(1) of the Arbitration Act, 1991 (the “Arbitration Act“) provides: 45(1) If the arbitration agreement does not deal with appeals on questions of law, a party may appeal an award to the court on a question of law with leave, which the court shall grant only if it is satisfied […]
Arbitrations and Adjournments
December 31, 2024 By Brian Babcock The Ontario Court of Appeal has confirmed that the scope for refusal to recognize an international arbitration is narrow. In Xiamen International Trade Group Co., Ltd. v. Link Global Food Inc., the Superior Court judge who first heard the request to recognize the award in Ontario denied a request […]
Can You Appeal The Appointment Of An Arbitrator?
December 12, 2024 By Jonathon Clark If you are party to an agreement to arbitrate in Ontario, and cannot agree on the arbitrator, either party may apply to the Superior Court to appoint an arbitrator.[1] THE ISSUE Can you appeal the judge’s order if you are unhappy with it? Short answer: No. THE LAW Section […]
Arbitrations and Appeals of Preliminary Opinions
September 5, 2024 By Brian Babcock An arbitrator has jurisdiction under the Arbitrations Act, 1991 of Ontario to determine whether the arbitrator has jurisdiction as a preliminary matter. This principle is well established. Either party may apply to have the arbitrator’s decision reviewed by a Superior Court judge. The Act goes on to provide that […]
Arbitrations and Appeals of Preliminary Opinions
August 27, 2024 By Brian Babcock An arbitrator has jurisdiction under the Arbitrations Act,1991 of Ontario to determine whether the arbitrator has jurisdiction as a preliminary matter. This principle is well established. Either party may apply to have the arbitrator’s decision reviewed by a Superior Court judge. The Act goes on to provide that an […]
Don’t Be Denied Arbitration
August 15, 2024 By Brian Babcock Despite an agreement to arbitrate, the opposing party might start a court action. What do you do then if you want the dispute to go to arbitration? You apply for a stay of the court action. This is similar to a stay of enforcement of a court order, but […]
Appeal and Arbitration
July 25, 2024 By Brian Babcock Most arbitrations in Ontario are governed by the Arbitration Act, 1991. Some are governed by the International Commercial Arbitrations Act, a topic for another day. THE ISSUE Are you aware of you’re appeal rights if you chose to arbitrate? We see many arbitration agreements where the parties did not […]
Arbitration Clause In Employment Agreement Invalid
February 27, 2024 By Brian Babcock Ontario’s Employment Standards Act (or ESA) provides a complaint resolution process. THE ISSUE As a result, a provision in an employment contract requiring arbitration may be invalid as contravening that Act, which prohibits contracting out of the Act, except to provide a greater benefit. THE CASE The employer in […]
Arbitrators and Bias
December 21, 2023 By Brian Babcock One ground to object to the selection of a decision maker- be they judge, be they arbitrator – is “a reasonable apprehension of bias. When it comes to judges, this is a very high standard to meet, as judicial resources are scarce, and courts hate “judge shopping”. Or maybe […]