In J.P. Thomson Architects Ltd. v. Greater Essex County District School Board, 2025 ONCA 378, the Court of Appeal for Ontario considered the interpretation of a standard form dispute resolution clause (“GC18”) in a contract between an architectural firm and a public-school board. The appellant sought to mediate ongoing disputes after communications between the parties had deteriorated. When the respondent refused mediation, arguing the 30-day window had elapsed, the Applicant sought to appoint an arbitrator. The application judge agreed with the respondent, denying the request on the grounds that mediation was not sought within the prescribed period. On appeal, the Court of Appeal rejected the application judge’s interpretation of the clause imposing a strict 30-day deadline for initiating mediation, holding instead that GC18 only required parties to attempt to resolve disputes informally for at least 30 days before moving to formal mediation. Specifically, the Court of Appeal found there was … Read More