4 total
Appeal dismissed; negligence claim against builder fell outside arbitration clause and partial stay properly refused.
The appellant builder appealed a motion judge's decision refusing to stay a negligence claim in favour of arbitration.
The Court of Appeal dismissed the appeal, agreeing with the motion judge that the arbitration clause did not encompass claims in negligence.
Furthermore, because the homeowner's claim involved other parties not bound by the arbitration agreement, the motion judge properly exercised his discretion under s. 7(5) of the Arbitration Act, 1991 to refuse a partial stay to avoid a multiplicity of proceedings.
Under s. 7(6) of the Act, this discretionary decision was unappealable.
Application dismissed as premature; tribunal hearing permitted to proceed to finality.
The College of Physicians and Surgeons of Ontario brought an application regarding an ongoing tribunal hearing involving the Sleep Disorders Centres.
The Divisional Court dismissed the application as premature, finding that no significant harm or breach of natural justice would occur by refusing to decide the issue, especially since the report in question had already been disclosed.
The Court concluded that all related issues should be determined by the tribunal based on a full and complete record.
Appeal dismissed; requirement for insurance brokers to maintain two contracted markets is a reasonable interpretation of regulations.
The appellant insurance broker appealed the revocation of its certificate by the Registered Insurance Brokers of Ontario.
The certificate was revoked because the appellant failed to maintain at least two contracted markets, as required by the Qualification Guidelines.
The appellant argued the Guidelines contradicted the Registered Insurance Brokers Act and were beyond the Committee's jurisdiction.
The Court of Appeal dismissed the appeal, finding the requirement was a reasonable interpretation of the regulation and the Guidelines were discretionary rather than mandatory.
Appeal dismissed; out-of-country bowel surgery for advanced cancer patient was not an 'unexpected' insured service.
The appellant's estate appealed a decision of the Health Services Appeal and Review Board denying reimbursement for out-of-country medical treatment.
The appellant, suffering from advanced ovarian cancer, travelled to Germany for chemotherapy and experienced a perforated bowel requiring immediate surgery.
The Board found that the bowel perforation was not 'unexpected' given her underlying condition, and thus did not qualify as an insured service under the regulations.
The Divisional Court applied a reasonableness standard of review and upheld the Board's decision, finding it was supported by medical evidence that the complication was predictable.
