Laurie Christine Livingstone

The plaintiffs sought an interlocutory injunction to prevent an arbitrator from hearing and deciding a challenge to his own jurisdiction until the court determined the plaintiffs' cross-motion to set aside the arbitration agreement.

The plaintiffs had sold two corporations to the defendant for $40 million under a share purchase agreement containing an arbitration clause.

After the transaction closed, disputes arose regarding alleged breaches of warranties and post-closing adjustments.

The plaintiffs subsequently commenced a court action and challenged the arbitrator's jurisdiction in the arbitration proceedings.

The court dismissed the motion for an injunction, finding that the plaintiffs failed to meet the first two prongs of the RJR-MacDonald test: there was no serious question to be tried, and no irreparable harm would result from allowing the arbitration to proceed.

Loan Away Inc. sought an interlocutory injunction against Western Life Assurance Company to compel payments and prevent termination of insurance policies, and also sought to amend its statement of claim to add IWS Creditor Group Inc. and consolidate arbitrations.

Western Life Assurance Company brought a cross-motion to stay the action based on an arbitration clause.

The court dismissed Loan Away's request for an interlocutory injunction due to lack of an undertaking as to damages and failure to meet the strong prima facie case and irreparable harm tests for a mandatory injunction.

The court granted Western's motion to stay the action and refer the issues to arbitration, including the arbitrator's jurisdiction over a permanent injunction.

Loan Away's request to consolidate arbitrations was denied due to lack of consent from all parties, and its motion to add IWS as a party was also denied as no tenable cause of action was pleaded against IWS.