Alyssa Tompkins

The applicant sought the appointment of an arbitrator pursuant to a co-tenancy agreement to resolve a dispute over the conveyance of residential lots.

The respondent opposed, arguing that the agreement's 'Applicable Law' clause, which attorned to the exclusive jurisdiction of Ontario courts, invalidated the arbitration clause.

The court held that the contract must be read as a whole, finding that the specific arbitration clause qualified the general applicable law clause.

The court appointed an arbitrator to determine the dispute.

The parties entered into a joint venture to build a semi-detached home, agreeing to share construction costs and for the defendant to purchase one unit.

A dispute arose over the calculation of construction costs to be equalized on closing.

The court held that the written agreement governed, rejecting the defendant's claim of an oral agreement modifying the terms.

The court provided directions on calculating construction costs, excluding property taxes and personal labour, while including utilities up to occupancy and adjusting the credit for a settlement with a concrete contractor.