Stay Of Arbitration: One Strike and You're Out?

Originally published in the Ontario Bar Association ADR section newsletter, Vol. 18, No. 2, March 2010.

Harlan F. Stone, the former Chief Justice of the United States Supreme Court, famously stated, "the law itself is on trial quite as much as the cause which is to be decided."

In a recent Alberta Court of Appeal decision, it can equally be said that the Alberta Arbitration Act (the "Alberta Act") itself was on trial along with questions surrounding whether to stay legal proceedings in the face of an arbitration agreement. Given the common genesis and language of both the Alberta and Ontario Arbitration Acts, the decision may have implications that extend beyond Alberta.

Lamb v. AlanRidge Homes Ltd.¹