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ARTICLE · 30 JANUARY 2023

ONCA Rules: The Ship Has Sailed For Tall Ships

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The parties selected an arbitrator to deal with a number of issues arising out of the project with a number of interrelated contracts and agreements.

CanadaLitigation, Mediation & Arbitration
Andrea S. Levstik
Andrea S. Levstik
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In Tall Ships Development Inc. v Brockville (City)1, the Court of Appeal for Ontario recently considered the basis for setting aside arbitral awards under sections 45 or 46 of the Arbitration Act.2

Background / Overview

The litigation between the parties arose out of a public-private partnership between the City of Brockville ("Brockville") and Tall Ships Landing Development Ltd. ("Tall Ships") to develop a mixed residential/commercial waterfront project on the St. Lawrence River, featuring an attraction known as the Maritime Discovery Centre (the "MDC"). The parties entered into a series of agreements in which Tall Ships undertook to remediate and develop the project on property acquired by Tall Ships. Once the MDC was "substantially complete," Tall Ships would sell it to Brockville for a purchase price set out by a formula in the Purchase Agreement, which included the cost of construction. Among other issues, completion of the MDC project was over budget, and

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