June 02, 2017A Quebec court ruled that an action for damages based on a defamation claim fell within the scope of a very broadly worded arbitration clause, because the sources and circumstances of the impugned statements originated from the contract and made reference to its requirements. Note that this was not a consumer contract.
June 01, 2017A court held that when the parties have clearly expressed their intention to submit disputes to arbitration, a party cannot opt out of the arbitration clause unless the contract expressly provides for this. See instant case of Okanagan Pellet Company Inc. v. Pinnacle Pellet Inc. 2012 BCSC 207 (CanLII).
June 01, 2017The Federal Court of Appeal used the governing law clauses in maritime supply contracts to determine the law governing the contracts, in spite of the fact that maritime liens are extra-contractual rights. See instant case of JPMorgan Chase Bank v. Lanner (The) [2009] 4 FCR 109, 2008 FCA 399 (CanLII).
July 11, 2016Going to court or going to war? For most people, the two words refer to the same thing when it comes to legal disputes. To avoid ‘going to war’, dispute resolution methods such as arbitration are becoming the weapon of choice.