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 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.
Motion to strike negligent misrepresentation claim granted with leave to amend due to pleading deficiencies.
The defendants brought a motion under Rule 21.01(1)(b) to strike the plaintiff's claim of negligent misrepresentation and breach of contract.
The plaintiff, a dentist, alleged he was misled during negotiations to exercise an option to purchase an interest in a dental practice.
The court found that the plaintiff failed to properly plead the necessary elements of negligent misrepresentation, including duty of care, detrimental reliance, and damages.
The court granted the motion to strike the negligent misrepresentation claim but granted the plaintiff leave to amend the statement of claim to cure the deficiencies.
