Sarah Fooks

The appellant appealed a motion judge's order dismissing his motion to add three non-LSO defendants as necessary parties to his action and to amend his pleadings to include a negligence claim against them.

The Court of Appeal upheld the motion judge's decision on three grounds: (1) the issue of whether the non-LSO defendants were necessary parties had been finally determined in prior proceedings and raising it again constituted an abuse of process; (2) the negligence claim was statute-barred under the Limitations Act, 2002, as the appellant had discovered the relevant facts by December 2020, well before the proposed amendment in June 2023; and (3) the negligence claim constituted an abuse of process as it could have been made in the original statement of claim.

The appeal was dismissed with costs awarded to the respondents.

The applicants sought to remit an arbitration matter back to the arbitrator under section 46(8) of the Arbitration Act, 1991, arguing that the arbitrator failed to address certain issues and that the purported transfer of shares in Power Investment Properties Inc. should be declared invalid.

The respondents sought enforcement of the arbitral awards.

The court dismissed the applicants' application as time-barred under section 47 of the Arbitration Act, finding that the 30-day deadline for bringing a section 46 application applies to all applications under section 46, including those seeking remittance under section 46(8).

The court granted the respondents' application to enforce the arbitral awards.