Case number: 180
Article number: model arbitration law / 8
Thessaurs issue:
Country of decision: Canada
Year of decision: 1995
Type of decision: Judicial decision

Case 180: MAL 8

Canada: British Columbia Supreme Court (Saunders J. in Chambers)
9 May 1995
Traff et al. v. Evancic et al.
Original in English
Unpublished



The plaintiffs commenced an action against the defendants for fraud and breach of trust in relation to an investment scheme. Two Bahamian corporations were also served in the action and sought an order staying the proceedings against them under the International Commercial Arbitration Act, Statutes of British Columbia, 1986, Chapter 14 (which enacts article 8 MAL).



While the proceedings related to allegations of fraud, the plaintiffs also sought an accounting under various agreements relating to the investment scheme. These agreements contained an arbitration clause.



Despite there being different issues, the court granted the stay requested since one of the issues was in respect of a matter agreed to be arbitrated. The court relied on the Gulf Canada Resources Ltd. v. Arochem International Ltd. decision (CLOUT Case no. 31 in A/CN.9/SER.C/ABSTRACTS/2).