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ARTICLE · 09 FEBRUARY 2026

J.P. Thomson Architects v. Greater Essex CDSB

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Ontario's Court of Appeal clarifies that a 30‑day reference in a standard-form multi‑tier dispute resolution clause is a minimum resolution period, not a strict deadline, and confirms...

CanadaLitigation, Mediation & Arbitration
P.A. Neena Gupta
P.A. Neena Gupta
Michael Piaseczny
Michael Piaseczny
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Ontario's Court of Appeal clarifies that a 30‑day reference in a standard-form multi‑tier dispute resolution clause is a minimum resolution period, not a strict deadline, and confirms that arbitrators decide scope where jurisdiction is at least arguable.

Facts

J.P. Thomson Architects Ltd. ("Thomson") provided architectural services to the Greater Essex County District School Board (the "Board") under contracts incorporating GC18, a standard Ontario Association of Architects multi-tier dispute resolution clause. It should be noted that multi-tier dispute resolution clauses are common in many industries, including franchise agreements, senior executive employment agreements and corporate transactions such as share purchase agreements.

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