The applicant sought the appointment of an arbitrator pursuant to a co-tenancy agreement to resolve a dispute over the conveyance of residential lots.
The respondent opposed, arguing that the agreement's 'Applicable Law' clause, which attorned to the exclusive jurisdiction of Ontario courts, invalidated the arbitration clause.
The court held that the contract must be read as a whole, finding that the specific arbitration clause qualified the general applicable law clause.
The court appointed an arbitrator to determine the dispute.
