Case number: 74
Article number: model arbitration law / 8(1)
Thessaurs issue:
Country of decision: Canada
Year of decision: 1994
Type of decision: Judicial decision

Case 74: MAL 8(1)
Canada: Ontario Court of Appeal (Morden, Blair and Austin JJ.A.) 25 April 1994
Automatic Systems Inc. v. E.S. Fox Ltd. and Chrysler Canada Ltd.
Original in English
Unpublished

Fox was another subcontractor of Automatic (case 73). Unlike the previous case, in the present case the parties disagreed as
to whether there was an agreement to arbitrate and the court of first instance did not find it necessary to decide that matter, in
view of its decision that at any rate an agreement for international arbitration of an Ontario lien would be unenforceable in
Ontario.

The appellate court overturned the decision of the court of first instance and remitted the matter to that court with the question
whether there was an agreement to arbitrate between Automatic and Fox and the question of the appropriate relief.