The moving party employer sought to quash the responding party employee's appeal of an order staying his wrongful dismissal action in favour of arbitration.
The employer argued the appeal was barred by section 7(6) of the Arbitration Act.
The employee and an intervener argued the arbitration clause was void for contracting out of the Employment Standards Act, meaning the initial stay decision was made without jurisdiction.
The court dismissed the motion to quash, finding the appeal was not completely devoid of merit and raised important questions of law regarding the intersection of the Arbitration Act and the Employment Standards Act.
