Aamco Transmissions Inc. v. Kunz

• Jurisdiction: Saskatchewan
• Court: Court of Appeal (Saskatchewan)
• Judge: Vancise, Wakeling and Gerwing, JJ.A.
• Citation: (1991), 97 Sask.R. 5 (CA)
• Date: 04 September 1991

Aamco Transmissions Inc. v. Kunz (1991), 97 Sask.R. 5 (CA);

    12 W.A.C. 5

MLB headnote and full text

Aamco Transmissions Inc. (appellant/applicant) v. Eric Kunz (respondent/respondent)

(No. 835)

Indexed As: Aamco Transmissions Inc. v. Kunz

Saskatchewan Court of Appeal

Vancise, Wakeling and Gerwing, JJ.A.

September 17, 1991.

Summar y:

Aamco Transmissions applied to register a foreign arbitration award pursuant to the International Commercial Arbitration Act (Sask.). A chambers judge dismissed the application without written reasons. Aamco Transmissions appealed.

The Saskatchewan Court of Appeal dis­missed the appeal.

Arbitration - Topic 102

Right to arbitration - What matters arbitrable - A franchise agreement con­tained an arbitration clause - The clause referred disputes to arbitration except where the agreement was terminated for fraud by the franchisee or the franchisee's failure to deal honestly and fairly with customers - The franchisor terminated the agreement partly because the franchisee allegedly failed to report proceeds - The Saskatchewan Court of Appeal held that the termination was not arbitrable.

Arbitration - Topic 5694

The award - Enforcement - Foreign awards - General - Aamco applied to register a foreign arbitration award pursu­ant to the International Commercial Arbi­tration Act (Sask.) - A chambers judge refused to register the award because the dispute dealt with a matter which was not contemplated or did not fall within the terms of the submission to arbitration (s. 36(1)(a)(iii)) - The Saskatchewan Court of Appeal affirmed the decision.

Franchises - Topic 2201

Franchise agreement - Termination - General - [See Arbitration - Topic 102 ].

Statutes Noticed:

International Commercial Arbitration Act, S.S. 1988, c. I-10.2, sect. 35, sect. 36(1)(a)(iii) [para. 4].

Authors and Works Noticed:

Chitty on Contracts (24th Ed.), p. 334 [para. 5].

Counsel:

G.R. Jackson, Q.C., and D.S. Bailey, for the appellant;

R.D. Skinner, for the respondent.

This appeal was heard before Vancise, Wakeling and Gerwing, JJ.A., of the Saskatchewan Court of Appeal. The decision of the court was delivered by Gerwing, J.A., orally on September 4, 1991, followed by written reasons on September 17, 1991.