Marina E. Sampson

The applicants sought an order under s. 46 of the Arbitration Act, 1991 setting aside an arbitral award.

They argued that the arbitral tribunal exceeded its jurisdiction by determining whether a professional services agreement had been terminated for cause and that the tribunal breached procedural fairness by failing to address a claim raised in a counter-complaint.

The court held that the tribunal had already determined its jurisdiction in a prior award that was not appealed and that the applicants had waived any objection by participating in the arbitration on that basis.

The court further found the tribunal’s reasons intelligible and sufficient, rejecting the allegation of a breach of natural justice.

The application to set aside the award was dismissed and the related application to recognize and enforce the award was granted.

Canada Post Corporation brought an application for an injunction to restrain the appellant from violating its exclusive privilege to collect and deliver international mail under section 14(1) of the Canada Post Corporation Act.

The appellant argued that the Act provided a complete code with specific penalties, precluding civil proceedings, and raised equitable defences of laches, delay, and estoppel.

The Court of Appeal held that Canada Post has the right to seek an injunction to enforce its statutory privilege, as the penalty provisions alone are insufficient to protect its mandate.

The Court further held that equitable defences cannot be raised against a Crown agent to prevent the operation of a public policy statute.

The appeal was dismissed.