2 total
Appeal to stay wrongful dismissal action for arbitration dismissed as dispute was not commercial.
The plaintiff sued the defendants for wrongful dismissal and negligent misrepresentation regarding the value of shares he would acquire upon employment.
The defendants sought to stay the action, arguing the dispute should be referred to arbitration pursuant to a shareholders' agreement and the International Commercial Arbitration Act.
The application judge refused the stay.
The Court of Appeal dismissed the appeal, finding that the dispute was not 'commercial' in nature and did not arise out of a 'transaction' as defined in the shareholders' agreement, thus falling outside the scope of the arbitration clause.
Appeal allowed in part to grant leave to amend deficient pleadings for conspiracy and breach of fiduciary duty.
The appellants appealed a motion judge's decision striking their claims for conspiracy, breach of fiduciary duty, and breach of trust, and refusing leave to amend.
The Court of Appeal agreed that the pleadings lacked the required particularity and were deficient.
However, the Court found the motion judge erred in refusing leave to amend, as the pleading did not contain a radical defect incapable of being cured.
The appeal was allowed in part to grant leave to amend those specific claims, while a motion to introduce fresh evidence was dismissed.
