Katerinaville Developments Ltd. brought a motion to quash a notice of arbitration issued by Garthwood Homes Ltd. concerning a joint venture agreement.
Katerinaville argued Garthwood lacked standing, the arbitration clause was unconscionable, and arbitration would be unfair and impractical.
The court dismissed the motion, finding Garthwood was a party to the agreement and had standing.
It held that the unconscionability of the arbitration clause was a matter for the arbitrator under the competence-competence principle, and that the arbitration was neither unfair nor impractical, allowing the concurrent oppression action to continue in court.
