Haley Brittain

The applicant, a professional hockey player, sought to set aside an arbitral award that dismissed his claims against his former agent as time-barred under a six-month limitation period in the NHLPA Regulations.

The applicant argued the arbitrator lacked jurisdiction because the claims arose after his Standard Player-Agent Contract expired, and that the limitation period was invalid or unfairly applied.

The Superior Court dismissed the application, finding that the arbitrator correctly determined he had jurisdiction because the NHLPA Regulations govern all player-agent relations, even after a specific contract expires.

The court also upheld the arbitrator's findings that the limitation period was lawful and that the applicant was treated fairly.

The moving party brought a motion for leave to appeal a decision of the Assessment Review Board.

The Divisional Court dismissed the motion for leave to appeal without costs.

The decision concerns a dispute over the return of a deposit following the termination of an agreement of purchase and sale (APS) for a property, in the context of a receivership and subsequent refinancing.

The court orders the return of the deposit to 2557905 Ontario Inc., with interest only from the date the deposit was placed in an interest-bearing account, and denies the listing broker's request for costs from the deposit.