The defendant employer brought a motion to stay the plaintiff's wrongful dismissal action, arguing the dispute fell within the scope of an arbitration clause in the employment agreement.
The plaintiff opposed the stay, arguing the arbitration clause was void for lack of consideration and that subsequent amendments to the agreement conferred exclusive jurisdiction to the courts.
Applying the competence-competence principle, the court found it was arguable that the claims fell within the scope of the arbitration clause and that the plaintiff had not established a clear case of invalidity.
The motion for a stay of proceedings was granted, leaving the jurisdictional challenge to be resolved first by the arbitrator.
