The plaintiffs, Harold Gerstel and 2102503 Ontario Inc., sought to remove arbitrators, set aside an arbitration agreement, and lift a stay of court proceedings in a business dispute that had been referred to a rabbinical court (Beis Din) for binding arbitration.
The plaintiffs alleged bias on the part of the arbitrators and unfair treatment, particularly regarding the production of financial records and communications between the arbitrators and the defendants.
The court dismissed the motions, finding no reasonable apprehension of bias or breach of equality and fairness, emphasizing judicial restraint in interfering with community-based arbitration processes, while affirming the court's residual jurisdiction to ensure fundamental principles are upheld.
