Giovanna Di Sauro

The appellant, Knights of Columbus, appealed an order dismissing their motion for a stay of proceedings in favour of arbitration.

The motion judge had concluded that the respondent was an employee and that the arbitration clauses in subsequent contracts were invalid for want of fresh consideration.

The Court of Appeal dismissed the appeal, affirming its jurisdiction to hear the appeal despite s. 7(6) of the Arbitration Act, 1991, because the motion judge found no valid arbitration agreement existed.

The Court upheld the motion judge's finding that there was no fresh consideration for the contracts containing the arbitration clauses, making them invalid.

It also clarified that the motion judge's preliminary finding on the respondent's employment status was not a final determination for the underlying action.

The appellant, Knights of Columbus, brought a motion to file a five-page reply factum in an appeal concerning the dismissal of their motion to stay an action in favour of arbitration.

The respondent, Neil Goberdhan, did not oppose the motion but sought conditions, including permission to file a sur-reply factum.

The motion judge dismissed the request for a reply factum, emphasizing that the Rules of Civil Procedure do not generally provide for such filings in civil appeals, except for leave to appeal motions, and that oral argument is the appropriate stage to clarify issues.

The court found the case was not exceptional enough to justify a reply factum and dismissed the motion without costs.

A parent sought accommodation from a school board to receive advance notice of classroom instruction on topics he considered "false teachings" based on his sincere Christian and Greek Orthodox beliefs, including matters related to sexual orientation, gender identity, and moral relativism.

The parent requested the ability to withdraw his children from such classes.

The school board refused, citing its statutory mandate to provide an inclusive and non-discriminatory educational environment.

The application judge found that while the board's refusal engaged the parent's freedom of religion, it was reasonable and proportionate.

The Court of Appeal dismissed the appeal, finding that the parent failed to establish any objective interference with his religious freedom, as he provided no evidence of actual harm to his children despite years of attendance at the school.