The mother commenced an application seeking sole custody, increased child support, spousal support, and financial disclosure.
The father brought a motion to stay the proceedings pursuant to section 7(1) of the Arbitration Act, 1991, relying on a dispute resolution clause in the parties' separation agreement that required all disputes to be referred to a mediator/arbitrator.
The mother argued that the father's failure to comply with the agreement, including his refusal to provide financial disclosure, invalidated the arbitration clause.
The court held that the father's breach did not abrogate the separation agreement or the arbitration clause.
The court found that the relief claimed fell within the scope of the arbitration provision and that the mother failed to establish any exception under section 7(2) of the Arbitration Act.
The father's motion was granted and the application was stayed pending mediation/arbitration.
