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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Unpublished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.
Additional Information published in later CLOUT issue (on "9 February 2000"):
Abstract published in English: [1996] Model Arbitration Law Quarterly Reports, Vol. 2, issue 2, 93
Text of the court decision published in English: [1996] Model Arbitration Law Quarterly Reports, Vol. 2, issue 2, 95
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