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.
