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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Unpublished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.
Additional Information published in later CLOUT issue (on "9 February 2000"):
Abstract published in English: [1996] Model Arbitration Law Quarterly Reports, Vol. 2, issue 4, 89
Text of the court decision published in English: [1996] Model Arbitration Law Quarterly Reports, Vol. 2, issue 4, 93
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Abstracts of cases
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