Anthony R. Daimsis

The applicant sought to set aside several arbitral awards made against him in favour of the respondent companies, arguing jurisdictional errors and procedural unfairness under s. 46(1) of the Arbitration Act.

The arbitrator had dismissed the applicant's claims for wrongful dismissal and ordered him to repay misappropriated corporate funds, applying the doctrine of laches to defeat his limitation period defence.

The Superior Court applied the reasonableness standard of review from Vavilov, finding that the arbitrator acted within his jurisdiction and afforded procedural fairness.

The application to set aside the awards was dismissed, and the cross-application to enforce the awards was granted.

The Republic of Korea (South Korea) moved to dismiss Best Theratronics Ltd.'s breach of contract action and set aside an injunction preventing The ICICI Bank of Canada from disbursing funds under a Standby Letter of Credit (SBLC).

Best Theratronics Ltd. cross-moved to extend the injunction.

The court found that a forum selection clause in the contract granted exclusive jurisdiction to South Korean courts for the main action between Best and South Korea, leading to a stay of those proceedings in Ontario.

However, the court extended the temporary injunction against The ICICI Bank of Canada, noting that the SBLC was governed by Ontario law and the Bank was not bound by the forum selection clause.

The injunction was continued on terms to allow Best to pursue remedies in South Korea, with provisions for its eventual termination.