145 results found

In Peace River Hydro Partners v. Petrowest Corp., ("Peace River"), the Supreme Court of Canada rendered a decision that provides guidance in addressing the operation of arbitration agreements...

The APS at issue was scheduled to close on August 31, 2021, but experienced construction delays which prevented the closing as set out in the terms of the APS.

In Ledore Investments v Dixin Construction,on an application for judicial review, the Ontario Divisional Court was asked to consider whether an adjudication under Ontario's Construction Act should be set aside ...

Since the Supreme Court of Canada's seminal decision, Bhasin v. Hrynew, 2014 SCC 71 [Bhasin], when the Court introduced the duty of honest performance in contract, gallons of ink have been spilled on the scope and nature of the duty, and both lawyers and courts have struggled to navigate the implications of this new doctrine.

A recent decision of a Hong Kong court suggests that fully virtual arbitration hearings are becoming standard practice even as the COVID-19 pandemic (the "Pandemic")...

The general presumption in favour of arbitration is well documented. However, it is not absolute.

This article addresses a recent decision of the Superior Court in respect of the transition provisions of Ontario's Construction Act ("Act"): specifically, the decision in HVAC Depot & Metal Mfg. Inc....

In this article, we consider the Court of Appeal for Ontario's recent decision in Bhatnagar v. Cresco Labs Inc., 2023 ONCA 401, and its impact on the duty of honest performance, as articulated...

As arbitration practitioners will appreciate, the IBA's Guidelines on Conflicts of Interest in International Arbitration are widely considered to be the authoritative resource on conflicts of interests for arbitrators; ...

In Inter Pipeline Ltd v Teine Energy Ltd, 2024 ABKB 740 ("Inter Pipeline"), the Court of King's Bench of Alberta considered the appropriate test for enforcing arbitral awards...

Since the Supreme Court of Canada's decision in RJR-MacDonald Inc. v. Canada[1], the legal test for granting or denying an interlocutory injunction has been a generally stable and settled area of law.

Parties seeking to set aside arbitral awards face an uphill battle, even when one of the arbitrators on the tribunal has alleged "serious procedural misconduct" by their fellow panelists.

In short, a court may bifurcate the dispute, and order a stay of the court proceeding pending the outcome of the arbitrable matters.

In Sayers Foods Ltd. v. Gay Company Ltd. ("Sayers"), the Ontario Divisional Court dismissed an application for judicial review of an adjudication determination under the Construction Act.

In CZT v CZU, the plaintiff – seeking to set aside the award of an arbitral tribunal on the basis of serious allegations by the dissenting...

In DMZ v. DNA,[1] the Singapore High Court considered the authority of arbitral institutions to revise procedural determinations, particularly in the context of arbitration administration under the Singapore International Arbitration Centre ("SIAC") Rules.

As a general proposition, the grounds on which an arbitral award may be set aside are narrowly defined. One such ground is a breach of natural justice, which may occur where either the rule...

In Wilhelm Concrete v. Shackelton, 2025 ONSC 3071, the Superior Court considered defective construction of grain silos, unpaid invoices and the application of limitation periods, offering practical reminders for contractors and property owners regarding the importance of clear contractual terms, diligent record-keeping, and evidentiary expectations to support claims in construction litigation.