The applicant condominium corporation appealed an arbitrator's preliminary ruling that he had jurisdiction to determine whether the respondents' conduct was oppressive under s. 135 of the Condominium Act.
The applicant argued that oppression claims must be brought before the Superior Court of Justice and cannot be arbitrated.
The court dismissed the appeal, finding that the arbitrator was correct in concluding that s. 135 does not oust an arbitrator's jurisdiction to consider oppressive conduct if the dispute falls within the scope of a valid arbitration agreement.
