Megan Ferrier

The appellants sought to enforce an Illinois arbitration award in Ontario against the respondents and to obtain judgment on contractual indemnification obligations.

The application judge enforced the award against the primary debtor but dismissed the application against the other respondents.

On appeal, the Court of Appeal upheld the refusal to enforce the arbitral award against the respondents because they lacked proper notice.

However, the Court allowed the appeal regarding the indemnification claim, setting aside the dismissal and staying the application to refer the indemnification dispute to arbitration pursuant to the parties' agreement.

The defendant reported a spill of cooling tower water to the Ministry of the Environment.

A provincial officer telephoned the defendant to demand a written report about the spill.

The defendant refused, arguing that such a demand must be made in writing by a Director under the Environmental Protection Act.

The defendant was charged and initially convicted of obstructing a provincial officer, but was acquitted on appeal.

The Court of Appeal dismissed the Crown's appeal, holding that a provincial officer does not have the statutory authority to demand additional information by telephone, as such powers are reserved for the Director or must be exercised during a physical inspection.