Bell Canada brought an application to strike two arbitration proceedings commenced by Plan Group Inc. (PGI) and its predecessor partnership.
PGI brought a motion to stay the application in favour of arbitration.
The court found that the first arbitration was a nullity because it was commenced by a dissolved partnership that no longer existed.
The court also found that the second arbitration was statute-barred under the Limitations Act, 2002, as the arbitration agreement did not contain clear and express language contracting out of the statutory limitation period.
The court declined to stay the application, finding that the issues were questions of law appropriate for summary judgment under the Arbitration Act, 1991.
The application was granted and the motion to stay was dismissed.
