Case number: 113
Article number: model arbitration law / 8(1)
Thessaurs issue:
Country of decision: Canada
Year of decision: 1994
Type of decision: Judicial decision

Case 113: MAL 8(1)
Canada: Ontario Court of Justice - General Division (Borins, J.) 10 November 1994
T1T2 Limited Partnership v. Canada
Original in English
Unpublished

The defendant sought a stay of the court proceedings initiated by the plaintiffs and submission of the dispute to arbitration, based on an arbitration clause contained in their contract. The arbitration clause provided that differences between the parties should be resolved through arbitration, with the exception of differences "involving a question of law".

The court found that resolving the plaintiff's claims would involve addressing "questions of law", including the application of legal principles to a set of facts, and rejected the application for a stay of proceedings.