Court File and Parties
COURT OF APPEAL FOR ONTARIO
Winkler C.J.O., MacFarland, and LaForme JJ.A.
BETWEEN:
Joseph Popack, United Burlington Retail Portfolio Inc., and United Northeastern Retail Portfolio Inc.
Plaintiffs (Appellants)
and
Moshe Lipszyc and Sara Lipszyc
Defendants (Respondents)
Counsel:
Marvin J. Huberman, for the appellant
Colin P. Stevenson, for the respondent
Heard and endorsed orally: April 30, 2009
On appeal from the order of Justice A. Pollack of the Superior Court of Justice dated September 2, 2008.
APPEAL BOOK ENDORSEMENT
1On this record it is anything but clear that this arbitration agreement is incapable of performance.
2The May 8, 2008 letter is anything but dispositive, the circumstances of its admission before the motions judge make that factor quite clear.
3In our view this matter must be referred to the Crown Heights Beth Din under the auspices of Rabbi Schwei to proceed with the arbitration on a fixed timetable or clearly indicate the refusal of the Beth Din under his auspice to further deal with the matter.
4The order of the motion’s judge shall be varied in accordance with these reasons.
5Costs in the sum of $27,500 inclusive of disbursements and GST to the respondents.
