The applicants sought to stay a Notice of Arbitration delivered by the respondent regarding an oppression claim, arguing that the dispute involved a non-party to the arbitration agreement and shared factual underpinnings with an ongoing court action.
The court found that while the non-party issue was not a roadblock to arbitration, there was a real danger of overlapping evidence and inconsistent findings of fact between the arbitration and the ongoing action.
The court granted the stay, ordering all matters to proceed in the Superior Court of Justice.
