4 total
Motion to stay garnishment for arbitral costs dismissed; automatic stay rules do not apply to arbitrations.
The applicant moved to stay garnishment proceedings commenced by the respondent to collect unpaid costs awarded in an SDRCC arbitration.
The applicant argued that its application to set aside the arbitral award automatically stayed collection under the Rules of Civil Procedure.
The court dismissed the motion, holding that arbitration awards are not subject to the automatic stay provisions of the Rules and that the applicant failed to establish grounds for an interim stay.
The court directed the garnishee bank to pay the garnished funds to the respondent.
The court granted summary judgment dismissing a counterclaim against a corporate employee, finding no personal liability for acts done on behalf of the employer.
This was a summary judgment motion brought by Andrew Cole and Andrew Cole Corporation, defendants to a counterclaim, seeking to dismiss the counterclaim advanced by Demilec Inc. Demilec alleged that Mr. Cole, as Executive Director of the Canadian Urethane Foam Contractors Association Inc. (CUFCA), acted out of self-interest by developing a competitive product, improperly certifying a competitor's product, and sending misleading emails.
The court found that Demilec failed to provide sufficient evidence to establish a genuine issue requiring a trial.
The allegations against Mr. Cole involved conduct undertaken in his capacity as a CUFCA employee, and no personal liability was established.
The motion was granted, and the counterclaim against Andrew Cole and Andrew Cole Corporation was dismissed.
The court awarded partial and substantial indemnity costs to the successful respondent following an offer to settle.
This is a costs endorsement following a motion by The Canada Soccer Association Incorporated (Canada Soccer) for an interim stay of an arbitral award and a cross-motion by Association de Soccer de Brossard (ASB) to enforce the award.
The court had previously dismissed Canada Soccer's motion and granted ASB's cross-motion.
In this endorsement, ASB sought substantial indemnity costs, while Canada Soccer argued for its own costs due to alleged bad faith by ASB or deferral of costs to the application judge.
The court found no evidence of bad faith by ASB and declined to defer costs.
It awarded ASB partial indemnity costs up to the date of its Rule 49.10 offer to settle and substantial indemnity costs thereafter, totaling $65,367.25, to be paid within 30 days.
The court dismissed a motion to stay an arbitral award granting a youth soccer license and ordered its enforcement.
The Canadian Soccer Association (Canada Soccer) moved for an interim stay of an arbitral award that ordered it to grant Association de Soccer de Brossard (ASB) a National Youth Club License.
ASB brought a cross-motion to enforce the arbitral award.
The court dismissed Canada Soccer's motion, finding no serious issue to be tried as its grounds for setting aside the award related to the merits of the arbitrator's decision, not procedural fairness.
The court also found no irreparable harm to Canada Soccer and that the balance of convenience strongly favoured ASB.
ASB's cross-motion to enforce the arbitral award was granted.
