DATE: 20060324
DOCKET: C43816

COURT OF APPEAL FOR ONTARIO

RE:

AYAL SHOVAL (Applicant/Respondent in Appeal) – and – RAKEFET SHOVAL (Respondent/Appellant in Apeal)

BEFORE:

SHARPE, ARMSTRONG and BLAIR JJ.A.

COUNSEL:

Eve Schwarz
for Rakefet Shoval

Evelyn Rayson
for Ayal Shoval

HEARD & ENDORSED:

March 23, 2006

On appeal from the judgment of Justice Clifford S. Nelson of the Superior Court of Justice dated June 13, 2005.

APPEAL BOOK ENDORSEMENT

[1] We see no error on the part of Nelson J. granting an order pursuant to s. 50(3) of the Arbitration Act enforcing the arbitration award dated April 22, 2005. All the conditions set out in s. 50(3) were satisfied. In our view s. 50(7) deals with unusual remedies, not the jurisdiction of the arbitrator to determine the dispute. The appellant’s arguments focused on the merits of the arbitration award. This is a matter for judicial review and this is not before us. In any event, we are not persuaded that Article 3.11 of the separation agreement did not give the arbitrators jurisdiction to determine this dispute.

[2] Appeal dismissed. Costs to the respondent fixed at $4,000 inclusive of disbursements and GST.