Toronto Standard Condominium Corporation No. 2130 v. York Bremner Developments Limited, 2014 ONCA 809
Decision Date: November 17, 2014
http://canlii.ca/t/gf9n2
This is a ruling on an appeal brought forward from the judgment of Justice Matheson. In that decision, Justice Matheson had ruled in favour of the TSCC that an arbitrator be appointed to decide a number of disputes between the parties. Since at least one of the issues was clearly within the arbitrator’s jurisdiction, an arbitrator should be appointed and determine his jurisdiction over the remaining issues. York Bremner Developments have appealed, arguing that Justice Matheson should not have referred all of the disputes to arbitration. Rather, she should have assessed each issue and referred only those that were at least partially arbitrable. The Appeal Court judges disagreed with York Bremner and rejected the appeal. They reasoned that the TSCC’s grounds for appointing an arbitral tribunal included Section 10(1) of the Arbitration Act, according to which there is no appeal from the court’s appointment of the arbitral tribunal.
Comment: The TSCC was awarded costs of $20,000. York Bremner Developments have exercised their right to appeal the arbitrator’s ruling on jurisdiction to the Superior Court.
