Donald J. Brown

The plaintiff commenced an action against the defendants for oppression, wrongful dismissal, and breach of contract following his exclusion from the company.

The defendants moved to stay the action in favour of arbitration pursuant to a mandatory arbitration clause in the shareholders' agreement.

The motions judge denied a full stay, finding that some claims fell outside the arbitration clause.

The Court of Appeal allowed the appeal, holding that the court had jurisdiction to determine arbitrability, but that all of the plaintiff's claims, including wrongful dismissal and oppression, related to the interpretation or implementation of the agreement and were therefore subject to mandatory arbitration.

The action was stayed.

The appellants appealed a decision approving a receiver's recommended settlement.

They argued the motions judge failed to properly apply the principles from Crown Trust v. Rosenberg.

The Court of Appeal dismissed the appeal, finding the motions judge appropriately applied the Soundair principles, considered the differences between expert reports, and made no palpable and overriding error.