Paul Schabas

The applicants sought to set aside an arbitrator's rulings in an ongoing shareholder valuation dispute pursuant to s. 46(1) of the Arbitration Act, 1991.

The applicants argued the arbitrator failed to provide adequate reasons for the valuation date, acted unfairly regarding instructions to the valuator, improperly allowed the use of hindsight evidence, and erred in admitting evidence from the respondent's expert.

Applying a reasonableness standard of review, the Superior Court dismissed the application, finding the arbitrator's decisions were reasonable, adequately explained, and did not result in procedural unfairness.

The parties agreed on a further order addressing the request for relief pursuant to a previous endorsement.

The court signed the consent order and remained seized of the matter to address any potential non-compliance.

At a case conference, the plaintiff sought permission to bring a motion for summary judgment in a wrongful dismissal action.

The defendant objected, arguing that allegations of bad faith, mental distress, and discrimination created genuine issues for trial requiring credibility assessments.

The court permitted the plaintiff to proceed with the motion, noting that judges have powers to determine credibility and address contested facts under Rule 20 of the Rules of Civil Procedure, and set a timetable for the motion.

The plaintiffs sought to settle the terms of a formal Judgment following a successful motion to enforce a settlement agreement against the defendants.

The parties disagreed on several terms, including payment dates, the declaration of a fraudulent conveyance, the lifting of a Certificate of Pending Litigation, and the exchange of mutual releases.

The court adjusted the payment dates but awarded pre-judgment interest to prevent prejudice to the plaintiffs.

The court also held that the co-defendant was bound by the declaration regarding the fraudulent conveyance, as the settlement offer was made on behalf of both defendants.

The court declined to order mutual releases, noting they were unnecessary now that the settlement terms had become a judgment.