Bradley (Jack) (Maritimes) Ltd. v. Modern Construction Ltd., [1966] N.B. Law News No. 72 (CA)

• Judge: Bridges, C.J.N.B., Ritchie and West, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: August 03, 1966
• Jurisdiction: New Brunswick
• Citations: [1966] N.B. Law News No. 72 (CA)

Bradley Ltd. v. Modern Constr., [1966] N.B. Law News No. 72 (CA)

MLB Law News

Modern Construction Limited. (defendant/appellant) v. Jack Bradley (Maritimes) Ltd., (a body corporate) (plaintiff/respondent)

(Archives RS43/1965)

Indexed As: Bradley (Jack) (Maritimes) Ltd. v. Modern Construction Ltd.

New Brunswick Supreme Court

Appeal Division

Bridges, C.J.N.B., Ritchie and West, JJ.A.

August 3, 1966.

Summary:

Contract - Arbitration Clause - Appeal allowed from judgment for Plaintiff against Defendant for price of goods and services sold under contract. Held Plaintiff must attempt to exhaust Arbitration Act modifies general principle that arbitration clauses which oust jurisdiction of courts are void. Held further, the Court should not lightly interfere with freedom of contract. Ritchie, J.A., dissenting, the arbitration clause purports to oust the jurisdiction of the Court which is contrary to public policy and it is therefore invalid.

Arbitration - Topic 162

Agreement to arbitrate - Validity of agreement - See paragraphs 1 to 31.

Arbitration - Topic 2506

Stay of proceedings - Scott v. Avery clause - Arbitration as a condition precedent to legal action - See paragraphs 1 to 31.

Counsel:

A. McF. Limerick, Q.C., for the defendant/appellant;

W.G. Stewart, Q.C., for the plaintiff/respondent.

This appeal was heard before Bridges, C.J.N.B., Ritchie and West, JJ.A., of the New Brunswick Supreme Court, Appeal Division. The decision of the court was filed on August 3, 1966, including the following opinions;

Bridges. C.J.N.B. - see paragraph 1;

West, J.A. - see paragraphs 2 to 20;

Ritchie, J.A., dissenting - see paragraphs 21 to 31.