16/09/2019 – Jurisdiction Nova Scotia
Part 67 published on 01/09/2019
Either party had right to refer the matter to arbitration
One of the owners in the condominium asserted a claim (in Small Claims Court) for recovery of certain chargebacks that had been levied by the condominium corporation and that the owner said he had been coerced into paying. The condominium corporation said that it wished to refer the matter to arbitration pursuant to Section 33A of the Condominium Act.
The Court held that, this being a dispute to which the Condominium Act applied, either party had the right to refer the matter to arbitration by a single arbitrator. The Court gave the condominium corporation four weeks from the date of the Court’s decision to deliver a formal Notice of Intention to Submit Dispute to Arbitration. Failing delivery of such a Notice, the owner could ask that the Small Claims Court process continue (that the Small Claim be set down for a hearing).