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.
