17/06/2021 – Jurisdiction Ontario
Part 75 published on 01/09/2021
Arbitrator has authority to decide claims of oppression
The Courts had previously determined that disputes between the parties relating to certain agreements (namely, a Shared Facilities Agreement and a Shared Amenities Agreement) should be decided by way of arbitration.
In the arbitration process, the arbitrator began by determining the arbitrator’s jurisdiction. In doing so, the arbitrator determined that he could decide the condominium corporation’s claims for oppression as against the developer. The condominium corporation appealed that decision.
The Court dismissed the condominium corporation’s appeal. The Court said:
I do not agree with Leeds 41 when it argues that the arbitrator improperly limited the remedies available to the arbitrator by adopting a contractual analysis. Firstly, the arbitrator concluded that he did have the jurisdiction to apply s. 135 (of the Condominium Act). Secondly, as a new decision from the Court of Appeal makes clear, an arbitrator will have the jurisdiction to consider the same relief if the relief is part of the dispute in question that properly falls within the terms of the arbitration provision. The arbitrator’s approach to the question will now be informed by that decision.
Leeds Standard Condominium Corporation No. 41 v Fuller et al