The City of Thunder Bay brought an application seeking to compel a former lessee, Dawn MacKay, to participate in arbitration to determine compensation for leasehold improvements upon the expiry of her lease.
Ms. MacKay had refused to appoint an arbitrator, disputing the lease terms, claiming land ownership, and alleging unfair valuation.
The court dismissed Ms. MacKay's arguments as unmeritorious, finding she had acknowledged the lease and that her ownership claims were irrelevant to the arbitration process.
The court ordered Ms. MacKay to appoint her arbitrator within 30 days, failing which the City could apply for the court to appoint one on her behalf.
The City was awarded full indemnity costs due to Ms. MacKay's protracted refusal to participate.
