The applicant challenged an arbitrator's preliminary ruling that an arbitration clause in an alleged lease agreement was valid.
The applicant claimed his signature on the lease was forged.
The court determined that under s. 17(8) of the Arbitration Act, 1991, the application was a hearing de novo.
After assessing lay and expert evidence, including handwriting and ink dating experts, the court found the respondents failed to prove on a balance of probabilities that the applicant signed the lease.
The court declared the lease and its arbitration clause invalid and set aside the arbitrator's ruling.
