The appellant contractor and respondent First Nation were parties to a construction contract containing an arbitration clause.
After a dispute arose and the contract was terminated, the appellant commenced an action against the respondents and several other parties, claiming relief beyond what was arbitrable under the contract.
The appellant then moved for a mandatory order requiring the respondents to proceed to arbitration.
The motions judge dismissed the motion, finding that arbitrating only part of the dispute would risk multiplicity of proceedings and inconsistent results.
The Court of Appeal dismissed the appeal, holding that the motions judge made no error in principle in exercising her discretion under the Courts of Justice Act to refuse the mandatory order.
