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ARTICLE · 06 SEPTEMBER 2011

Commercial Litigation Bulletin: Volume 1 - Number 2

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The Supreme Court of Canada is set to hear a landmark case that may change the way arbitration and choice of forum clauses are enforced in Canada.

CanadaCorporate/Commercial Law
Gowlings TV
Gowlings TV
Joëlle Boisvert
Joëlle Boisvert
Heather Gray
Heather Gray
D. Lynne Watt
D. Lynne Watt
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Edited by James Tunbridge

Not Out? Attornment and its effect on arbitration and choice of forum clauses

By: D. Lynne Watt

The Supreme Court of Canada is set to hear a landmark case that may change the way  arbitration and choice of forum clauses are enforced in Canada.

The Court recently granted leave to appeal in the case of Momentous.ca Corporation et al. v Canadian American Association of Professional Baseball Ltd et al, 2010 ONCA 722, 103 OR (3d) 467. The conflict between the parties surrounds the downfall of the Ottawa Rapidz, a professional baseball team owned by subsidiary companies of Momentous.ca.

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