Appellate Quarterly 07/17/2024 – Key Takeaways

On July 17, 2024, McCarthy Tétrault's National Appellate Litigation Group hosted our Appellate Quarterly webinar, featuring five recent appeals of interest to the business community. Partners Christine Wadsworth, Isabelle Vendette, Patrick Williams, Jocelyn Turnbull Wallace, and Adam Goldenberg discussed these recent decisions, as well as future developments to watch across the country.

Here are some key takeaways:

1. Availability of stays in favour of arbitration [Ontario]

In RH20 North America Inc. v. Bergmann,¹ the Court of Appeal for Ontario provided guidance on when actions will be stayed in favour of arbitration. At the trial level, the defendants, including Click + Clean ("Click"), brought a motion to strike out some of the plaintiffs' claims as disclosing no reasonable cause of action. Click separately moved to stay the action against it on the grounds that its licensing agreement mandated all disputes should be arbitrated in London, England. The