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ARTICLE · 19 DECEMBER 2019

Let Me Go First: Application Sequencing In The Context Of An Arbitration Clause And A Class Proceeding

McCarthy Tétrault
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The British Columbia ("BC") Supreme Court recently released a decision addressing whether an application for a stay of proceedings under section 15 of the British Columbia Arbitration Act...

CanadaLitigation, Mediation & Arbitration
The International Arbitration Blog
The International Arbitration Blog
Meghan S. Bridges
Meghan S. Bridges
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Overview

The British Columbia ("BC") Supreme Court recently released a decision addressing whether an application for a stay of proceedings under section 15 of the British Columbia Arbitration Act (RSBC 1996, c. 55) may be heard prior to an application for certification of a class action.

The issue in Williams v Amazon.com, Inc,1 put succinctly, was: who gets to have their application heard first?

Relying on the Supreme Court of Canada's decision in Seidel v. TELUS Communications Inc., 2011 SCC 15, the BC Supreme Court held that the defendant's substantive right to proceed to arbitration triumphs over the plaintiff's procedural rights afforded by Class Proceedings Act. 

It is expected that the Supreme Court of Canada's decision in Heller v. Uber Technologies, 2019 ONCA 1, which is currently under reserve, will delve into this issue further.

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