COURT OF APPEAL FOR ONTARIO
Sharpe, Epstein and Lauwers JJ.A.
BETWEEN
S-Vox Foundation
Applicant (Appellant)
and
Zoomermedia Limited
Respondent (Respondent in Appeal)
Counsel:
Ronald D. Manes and Joshua Ginsberg, for the appellant
Daniel F. Chitiz and E. Young for the respondent
Heard: August 29, 2013
On appeal from the judgment of Justice H.J. Wilton-Siegel of the Superior Court of Justice, dated June 15, 2019.
APPEAL BOOK OF ENDORSEMENT
1We are not persuaded that the application judge erred in dismissing the application to appoint an arbitrator pursuant to s. 2.8 of the agreement. The application judge did so on the ground that the appellant had commenced a s. 8.18 arbitration on all issues including working capital. Having done so, the application judge found that the appellant was bound to proceed with that arbitration and not “change horses” mid course.
2We do not agree that he thereby determined all jurisdictional issues. He was most careful to reserve all issues, including jurisdiction, to the arbitration.
3We note that the respondent clearly and firmly took the position before the application judge and before this court that a s. 8.18 arbitration has jurisdiction to determine all issues, including working capital.
4The appeal is dismissed. Costs to the respondent fixed at $15,749.28 inclusive of disbursement and taxes.