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ARTICLE · 06 SEPTEMBER 2011

Not Out? Attornment And Its Effect On Arbitration And Choice Of Forum Clauses

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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.

CanadaLitigation, Mediation & Arbitration
D. Lynne Watt
D. Lynne Watt
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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.

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.

In 2008, the Rapidz joined and competed in the Can-Am League, a baseball organization based in North Carolina. They played their games at a stadium owned by the City of Ottawa. Prior to entering the league, the Rapidz agreed to be bound by the league's by-laws and signed a lease agreement and a league affiliation agreement. Both agreements required the parties to resolve all disputes using an internal arbitration process, which is detailed in the by-laws. The agreements also

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