Adjournment Request Denied! Ontario Court Recognizes Arbitral Award from China

Gilbertson Davis LLPAlternative Dispute Resolution (ADR), Arbitration, Arbitrators, Business Litigation, Civil Liability, Civil Litigation, Commercial and Contract Litigation, Commercial Arbitration, Commercial Arbitrator, Debt and Enforcing Judgments, Enforcement of Foreign Arbitral Awards, Enforcement of Foreign Judgments0 Comments

In the recent decision of the Ontario Superior Court of Justice (“ONSC”), Xiamen International Trade Group Co., Ltd. v. LinkGlobal Food Inc., 2023 ONSC 6491, the applicant sought the recognition and enforcement of an arbitration judgment of the Xiamen Arbitration Commission (the “Award”). The underlying arbitration dispute related to a contract entered into by the parties wherein the applicant was to purchase protective masks from the respondent for the purchase price of US $532,224.00. The contract between the parties contained an arbitration clause and a choice of law clause providing that the law of the People’s Republic of China governed any dispute over the contract between the parties. In the arbitral proceeding in China, the applicant sought a refund of the purchase price of the masks and compensation for other costs incurred. A panel of three arbitrators unanimously ruled in favour of the applicant and granted the Award. As the … Read More

Website Lawyers | Domain Name Disputes | Counterfeit Websites | Fake Bad Reviews and Remedies

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorBrand Protection, Commercial, Copyright Infringement, Cyber Fraud, Cyber Libel, Domain Name Disputes, Information Technology, Internet | Technology, Internet Defamation, IT Arbitrator, Media Litigation, Online Defamation, Online Defamation, Online Harassment, Passing Off, Technology Arbitrator, Trademark Infringement, Website Copying0 Comments

In this blog we discuss a number of internet-based “dirty tricks” that competitors or others may deploy and which may have serious adverse consequences for you or your business. I also briefly mention the types of remedies which may be available to those victimized in this way. Confusingly Similar Domain Names  In today’s modern web-based commercial world, it is more important than ever to ensure that potential customers  and returning customers are properly connected with your website domain name, and to use domain names that are well-branded and associated with your business. It is not uncommon for competitors, cyber-squatters, or other persons to obtain control of domain names that are confusingly similar to your trademarks, business names, or your domain name. Then there is a real risk that users seeking your website are instead directed elsewhere by that confusingly similar domain name. Recovering a Domain Name In order to recover … Read More

Family Business Litigation | Start Up Company Litigation

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorAppointing Auditor, Appointing Inspector, Business Arbitrator, Business Defamation, Business Dispute Arbitrator, Business Disputes, Business Law, Business Litigation, Commercial, Commercial Arbitration, Commercial List Matters, Directors' and Officers' Liability, Family Business Disputes, Shareholder Disputes, Start-Up Disputes0 Comments

We have experience acting for, advising and representing those in closely-held company litigation, both arising from family business disputes and start-up company disputes. Family Business Disputes Many businesses in Canada are family businesses or have evolved from family businesses. Family businesses present many unique challenges as they grow, as key members of the company or partnership leave the family business, or when personal relationships of the key members of the family business thereby change or deteriorate. One of the most common differences between a family business and other established businesses, whether or not a shareholders’ agreement, partnership agreement and other legal documentation was used in the formation of the family business, is the informality in operation of the family business, including the often ignored distinction in fact between employees, shareholders, or partners – since family members often take on multiple roles. Please see our webpage on Family and Closely Held … Read More

Divorce and the Family Business

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorBusiness Dispute Arbitrator, Business Litigation, Business Mediation, Business Mediator, Closely-Held Business Disputes, Commercial, Divorce & Family Business, Family Business Disputes, Oppression Remedies, Partnership Arbitrator, Partnership Dispute, Partnership Dispute Arbitrator, Partnerships and Shareholder Disputes, Shareholder Arbitrator, Shareholder Dispute Arbitrator0 Comments

Family Business Challenges from Divorce or Separation Many businesses in Canada are family businesses or have evolved from family businesses. Family businesses present unique challenges as they grow should the personal relationships of the key members of the family business change or deteriorate. Divorce and separation can have serious impact upon family-owned and family-run businesses, whether incorporated companies or partnerships. Changes in a family business and the challenges presented by change can often result in legal disputes between interested parties. Family business disputes are often be protracted, expensive, and disruptive, and may even result in the sale, division or winding up of the family business. Impact of Separation and Divorce on Family Businesses Complex questions arise in the division of property and assets when dealing with a family business during a separation or divorce. The value of the family business may be included in the equalization of net family property … Read More

Service Abroad in Civil and Commercial Litigation

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorBusiness Litigation, Casino Debt Recovery, Commercial, Commercial and Contract Litigation, Commercial Arbitration, Commercial Litigation, Corporate Litigation, Cross-Border Litigation, Hague Conventions, International Commercial Arbitrator, International Distribution, International Litigation, International Reinsurance Dispute, International Sale of Goods, Internet Defamation, Online Defamation, Passing Off, Request for International Judicial Assistance, Trademark Infringement0 Comments

The Hague Service Convention  Since 1989 Canada has been a member of Hague Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, (the Hague Service Convention). Incoming Service of Foreign Process We have blogged before about the requirement of the Hague Service Convention that its member States designate a “Central Authority” to accept incoming requests for service. There are alternatives to the Hague Service Convention service of foreign process in Ontario. Service of Ontario Process Abroad  As other jurisdictions become, or will become, members of the Hague Service Convention, the Status Table is updated. For instance, see the status of Azerbaijan (November 1, 2023), Singapore (December 1, 2023) and Paraguay (January 1, 2024) on the Status Table. Why Chose Gilbertson Davis LLP? One of  the senior commercial litigation lawyers at Gilbertson Davis LLP, though now only practicing in Ontario, has also practiced … Read More

Ontario Superior Court of Justice Finds Expired Arbitration Award Relevant in Motion for Injunctive Relief

Tyler O’HenlyAlternative Dispute Resolution (ADR), Arbitration, Arbitrators, Business Dispute Arbitrator, Business Disputes, Business Litigation, Commercial, Commercial and Contract Litigation, Commercial Arbitration, Commercial Arbitrator, Commercial Contracts, Commercial Law, Commercial Litigation, Contract Disputes, Corporate Litigation, Injunction & Specific Performance, Internet | Technology, Moving Litigation to Arbitration, Technology Arbitrator0 Comments

In Rogers v. TELUS Communications Inc., 2023 ONSC 5398, the Ontario Superior Court of Justice held that the terms of an expired arbitration decision are relevant when a party seeks injunctive relief that contradicts its terms. The moving and responding parties are both prominent competitors in the Canadian telecommunications market. Under a requirement imposed by the Government of Canada, their customers have the reciprocal ability to “roam” on the other carrier’s network in areas where their own carrier does not provide coverage. This obligation allows Canadian customers to access wireless services across the country. For a time, the parties did not agree on what was displayed to customers when they were roaming on a competitor’s network. The primary dispute was whether the network identifier (“NID”) displayed in the top-left corner of most mobile devices would connote an extension of their own carrier’s network (i.e. “[Carrier]-EXT”), or if it would notify customers … Read More

Ontario Court of Appeal Comments on the Oppression Remedy – Oppression is Focused on Fairness and Equity, not on Legal Rights

Gilbertson Davis LLPAppeals, Business Law, Business Litigation, Business Torts | Economic Torts, Civil Liability, Civil Litigation, Commercial and Contract Litigation, Corporate Litigation, Directors' and Officers' Liability, Oppression Remedies, Partnerships and Shareholder Disputes, Shareholder Dispute Arbitrator0 Comments

In the recent decision of the Ontario Court of Appeal (“ONCA”), Pereira v. TYLT Technologies Inc. (TYLTGO), 2023 ONCA 682, the appellant successfully appealed a judgment dismissing his application for an oppression remedy under the Canada Business Corporations Act, RSC 1985, c C-44 (the “CBCA”). The appellant argued that the application judge erred in only considering the appellant’s expectations as an employee and failing to consider his expectations as a shareholder. The ONCA opined that the application judge took an “overly narrow” approach by placing focus mostly on the documents signed by the parties and not considering all of the circumstances. The ONCA considered some of the major principles related to the oppression remedy, including the following: Oppression is an equitable remedy which seeks to ensure fairness. Thus, conduct found to be oppressive does not need to be “unlawful” per se, because oppression is focused on “fairness and equity”, rather … Read More

Stay of Court Proceedings in Favour of Arbitration – Standard of Proof

Gilbertson Davis LLPAlternative Dispute Resolution (ADR), Appeals, Arbitration, Business Disputes, Business Law, Business Litigation, Business Torts | Economic Torts, Civil Litigation, Commercial and Contract Litigation, Commercial Contracts, Commercial Law, Commercial Litigation, Commercial Mediators0 Comments

In the recent decision Husky Food Importers & Distributors Ltd. v. JH Whittaker & Sons Limited, 2023 ONCA 260, the Ontario Court of Appeal (“ONCA”) reviewed the law of international commercial arbitration, and in particular opined on the issue of the standard of proof that a party needs to meet in order for the court to grant a stay of a court proceeding pursuant to section 9 of the International Commercial Arbitration Act, 2017 (the “Act”), in favour or arbitration. Section 9 of the Act states as follows: Where, pursuant to article II (3) of the Convention or article 8 of the Model Law, a court refers the parties to arbitration, the proceedings of the court are stayed with respect to the matters to which the arbitration relates. The appellant submitted that the proper analytical framework for assessing a request to stay an action under the Act was set out in the … Read More

Recognition of Foreign Judgments and Arbitral Awards – Recent Decision of the Ontario Superior Court of Justice says Ontario Court is Not to Intervene Absent Exceptional Circumstances

Gilbertson Davis LLPArbitrators, Business Arbitrator, Business Litigation, Civil Liability, Civil Litigation, Commercial and Contract Litigation, Commercial Arbitration, Commercial Arbitrator, Commercial Litigation, Cross-Border Litigation, Debt and Enforcing Judgments, Enforcement of Foreign Arbitral Awards, Enforcement of Foreign Judgments0 Comments

The Ontario Superior Court of Justice (“OSCJ”) recently released its decision in Costco Wholesale Corporation v. TicketOps Corporation, 2023 ONSC 573, granting an application to enforce judgments received by the applicant from the United States District Court (Western District of Washington at Seattle) and/or the underlying arbitral awards. At the same time, the OSCJ also rejected the Respondents’ motion to convert the application into an action. Recognition of Awards With regard to the Awards, the OSCJ advises as follows: “In Ontario, foreign arbitral awards are enforceable through the International Commercial Arbitration Act, 2017, S.O. 2017, c. 2, Sched. 5 (“ICAA”).  The ICAA provides that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“Convention”) has force of law in Ontario.  The Convention is set out in Schedule 1 to the ICAA.  The ICAA also provides that the Model Law on International Commercial Arbitration (“Model Law”) has force of law in Ontario.  The Model Law is set out in Schedule 2 to the ICAA.” The OSCJ notes that the Convention and … Read More

Failure To Close A Real Estate Transaction Can Be Very Costly

Gilbertson Davis LLPCivil Liability, Civil Litigation, Contract Disputes, Real Estate Arbitrator, Real Estate Litigation, Recreational Property Litigation0 Comments

For many reasons, an agreement of purchase and sale to buy real estate may be breached by either the seller or the purchaser. The innocent party may be entitled to significant compensation. For instance, in the recent Ontario Court of Appeal (ONCA) decision, Rosehaven Homes Limited v. Aluko, 2022 ONCA 817, the ONCA upheld a lower court decision granting summary judgment requiring the appellants to pay damages to the respondent arising from the appellants’ failure to complete an agreement of purchase and sale for the purchase of a home. In that case, the appellants were unable to complete the transaction because they could not obtain sufficient financing. However, the agreement was not conditional on them obtaining financing. The respondent ultimately sold the property at a loss (compared to the sale price agreed to between the parties). The lower court awarded $331,922.27 to the respondent (being the difference between the original … Read More

Court of Appeal Reiterates Limited Scope of Judicial Intervention to Set Aside Arbitral Awards

Sabrina Saltmarsh, B.A. (Hons), J.D.Alternative Dispute Resolution (ADR), Appeals, Appellate Advocacy, Arbitration, By-laws, Civil Litigation, Commercial, Commercial Condos, Commercial Contracts, Commercial Litigation, Condo Arbitrator, Condo Litigation, Industrial Condos, Residential Condos0 Comments

In the recent Court of Appeal decision of Mensula Bancorp Inc. v. Halton Condominium Corporation No. 137, the Court of Appeal overturned a lower court decision setting aside an arbitrator’s award, on the basis that the approach taken by the learned application judge was contrary to that mandated by Alectra Utilities Corporation v. Solar Power Network Inc., 2019 ONCA 254, 145 O.R. (3d) 481, leave to appeal refused, [2019] S.C.C.A. No. 202 (Alectra). Background The Halton Condominium Corporation 137 (HCC 137) located in Oakville has 82 residential units and 166 parking units located within it’s parking garage, along with common elements such as a lobby and elevators. The parking units comprise of parking for the residential unit owners (the Residential Parking) along with 43 commercial parking units (the Commercial Parking) owned by the defendant Mensula Bancorp Inc. (Mensula), Mensula does not own any residential units and its business is located … Read More

Broker and Agent Liability Claims Arbitrator – Reasonable Fees – Good Availability

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorAgency Arbitrator, Arbitration, Broker and Agent Claims, Brokerage Arbitrator, Commercial, Commercial Arbitrator, Real Estate Arbitrator, Sale of Business Arbitrator0 Comments

David Alderson, LL.B, LL.M, Qualified Arbitrator Broker Dispute Arbitrator | Agent Dispute Arbitrator  David Alderson is an independent, experienced and qualified Arbitrator. His practice in broker and agent claims in real estate, mortgage, business, securities and investment, insurance and  reinsurance, distribution, marine and transportation cases make him an ideal choice as sole or panel arbitrator in broker and agent claims arbitrations. He has been appointed by the courts in commercial arbitration disputes. Broker and Agent Claims Arbitration  David can be appointed in arbitrations concerning these professionals: Business (Sale of) Brokers Real Estate Brokers and Agents Realtors Mortgage Brokers Stockbrokers Securities Brokers Commodities Brokers Insurance  Brokers and Agents Life Insurance Agents Commercial Brokers Merchandise Broker Shipbrokers Yacht Brokers Freight Brokers Arbitration Expertise   David has arbitrated disputes on a wide variety of matters, and has been appointed by the Ontario Superior Court of Justice as sole arbitrator in commercial arbitration matters. He is an arbitrating … Read More

Professional Liability Claims Arbitrator – Experienced and Qualified Arbitrator with Reasonable Fee Rates

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorAlternative Dispute Resolution (ADR), Arbitration, Arbitrators, Brokerage Arbitrator, Business Arbitrator, Business Dispute Arbitrator, Commercial Arbitrator, Commercial Lease Arbitrator, Condo Arbitrator, Construction Arbitrator, Directors' and Officers' Liability, International Joint Venture, Investment Arbitrator, Joint Venture Arbitrator, Joint Venture Disputes, Partnership Arbitrator, Partnership Dispute, Partnership Dispute Arbitrator, Professional Liability Claims Arbitrator, Real Estate Arbitrator0 Comments

Professional Liability Claims Arbitrator  David Alderson is an independent, experienced and qualified Arbitrator.  Practice in professional liability, professional indemnity and professional negligence cases make him a good choice as sole or panel arbitrator in professional liability claims arbitrations. He has been appointed by the courts in commercial arbitration disputes. Business & Financial Professionals Property and Real Estate Professionals David can be appointed as sole arbitrator concerning claims and disputes involving these professionals: Business & Financial Professionals Directors Officers Accountants Actuaries Auditors Investment Advisors Financial Advisors Financial Planners Financial Analyst Investigators Consultants Trustees Securities Brokers Valuators Lawyers Partners Joint Venture Parties Retirement Plan Administrators Property and Real Estate Real Estate Brokers Real Estate Agents Stakeholders Fiduciaries Architects Engineers Auctioneers Lawyers Fiduciaries Trustees Estate Trustees Administrators Executors Receivers Trustees in Bankruptcy Lawyers Arbitration Expertise David has arbitrated disputes on a wide variety of matters, and has been appointed by the Ontario Superior … Read More

Arbitration and Summary Judgment – Is Summary Judgment Available in Arbitration Matters?

Gilbertson Davis LLPAppeals, Arbitration, Civil Litigation, Commercial and Contract Litigation, Commercial Arbitration0 Comments

In the arbitration preceding the Ontario Superior Court of Justice (“OSCJ”) decision, Optiva Inc. v, Tbaytel, 2021 ONSC 2929 (CanLII), the respondent successfully brought a motion for summary judgment before a sole arbitrator. The applicant then appealed the arbitrator’s award to the OSCJ, arguing, among other things, that the arbitrator could not, absent consent of the applicant, proceed by way of summary judgment. The OSCJ disagreed with the respondent’s position, instead affirming that the “arbitrator could elect to proceed by summary judgment absent the consent of [the applicant]”. The court cited, as authority for its conclusion, section 20(1) of the Arbitration Act, which states: 20 (1) The arbitral tribunal may determine the procedure to be followed in the arbitration, in accordance with this Act. The OSCJ opined that “summary judgment should be available to the parties in an arbitration subject to the requirement” that the process: Allows the arbitrator to … Read More

Procurement Dispute Arbitrator – Independent, Qualified, Reasonable Hourly Fees, and Good Availability

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorArbitration, Arbitrators, Commercial, Energy Arbitrator, Infrastructure Arbitrator, International Commercial Arbitrator, International Joint Venture Arbitrator, IT Arbitrator, Joint Venture Arbitrator, Marine Arbitrator, Procurement Arbitrator, Procurement Dispute Arbitrator, Sale of Goods Arbitrator, Technology Arbitrator, Transportation Arbitrator0 Comments

Procurement Arbitrator, Procurement Dispute Arbitration, Government Procurement ADR, Public Procurement Arbitrator, Goods and Services Dispute Arbitrator, Public Contract Arbitrator and P3 Contract Dispute Arbitrator Sole Arbitrator – $450.00 per hour, plus HST David Alderson is an independent, experienced and Qualified Arbitrator whose domestic and international practice in sale of goods and services, infrastructure, construction, projects, project finance and joint ventures make him an ideal choice as sole or panel arbitrator for procurement disputes involving any level of Government. The administration of arbitral services is provided by Gilbertson Davis LLP Arbitration Chambers, an established arbitration chambers serving Ontario and elsewhere, from its office in the Toronto Financial District.  David Alderson has been appointed by the Ontario Superior Court of Justice in commercial arbitration disputes. Procurement Disputes David can arbitrate disputes arising from contracts for goods or services involving any level of government in Canada, provinces or municipalities, multi-level joint venture, involving … Read More

Arbitration Chambers – in the Adelaide St. “Arbitration Alley”

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorArbitration, Arbitrators, Business Dispute Arbitrator, Case Management Arbitrator, Commercial Arbitrator, Employment Dispute Arbitrator, Franchise Arbitrator, International Commercial Arbitrator, International Joint Venture Arbitrator, IT Arbitrator, Joint Venture Arbitrator, Litigation Motion Arbitrator, Marine Arbitrator, Motion by Arbitrator, Moving Litigation to Arbitration, Partnership Dispute Arbitrator, Real Estate Arbitrator, Reinsurance Arbitrator, Sale of Business Arbitrator, Sale of Goods Arbitrator, Shareholder Dispute Arbitrator, Technology Arbitrator, Transportation Arbitrator0 Comments

TorontoArbitrator.com  Gilbertson Davis LLP Arbitration Chambers is established among the numerous arbitration chambers situated along or nearby the the short span of Adelaide Street between Bay and Yonge Street in the Toronto Financial District. Sole Arbitrator – from $450.00 per hour, plus HST Reasonable Fees and Good Availability  It offers experienced, independent and qualified commercial arbitrators and commercial mediators at very competitive and reasonable hourly fee rates and good availability for hearings for both substantive dispute arbitration and procedural arbitration. Commercial Arbitrators  All our arbitrators are senior legal practitioners who also accept appointments as independent arbitrators. They are distinguished in their respective areas of practice and have differing legal practice backgrounds, through diversity of their legal experience in the world of reinsurance, insurance, business disputes, shareholder and partnership disputes, international trade & distribution, sale of goods, share of businesses, procurement, commercial leasing, employment, technology and marine matters, and from foreign legal … Read More

Motion by Arbitrator | Application by Arbitrator | Procedure Arbitration

David Alderson, LL.B, LL.M (Commercial and Corporate), Lawyer, Qualified Arbitrator and MediatorAppeals, Application by Arbitrator, Arbitration, Arbitrators, Business Dispute Arbitrator, Case Management Arbitrator, Commercial, Commercial Arbitration, Commercial Arbitrator, Motion by Arbitrator, Moving Litigation to Arbitration0 Comments

TorontoArbitrator.com  Sole Arbitrator – from $450.00 per hour, plus HST Access to Justice  Parties Agree That Motions & Applications be Heard and Determined by an Arbitrator  Lawyers are already doing this to address the needs of their clients in existing civil and commercial litigation in the courts. The courts in Ontario continue to address access to justice in the time of the coronavirus, providing a triage process to determine which matters are considered urgent and should be heard. Video conference arrangements in the courts have evolved.  We are mindful that both criminal and family law matters are likely to take priority both now and when traditional hearings become available post-coronavirus. Due to the current difficulty in obtaining an early date for the hearing of a motion or of an application, commercial and civil litigation lawyers are proactively addressing their client’s needs by arbitrating motions and application.  They agree to do … Read More