This is an appeal from an order dismissing a motion to stay an application in favour of arbitration.
The dispute concerns a cost-sharing agreement between condominium corporations regarding common expenses.
The motion judge found the essence of the claim was oppressive conduct, which he believed was not arbitrable.
The Court of Appeal reversed, holding that the core dispute was the interpretation and application of the reciprocal agreement, which contained a broad arbitration clause.
Citing recent Supreme Court of Canada jurisprudence, the Court emphasized that courts should not refuse to stay claims covered by a valid arbitration agreement and that oppression claims under the Condominium Act, 1998, are not exclusively for the Superior Court and can be arbitrated.
The appeal was allowed, and the application was stayed as it related to the issues between the two main condominium corporations.