Cascade Builders Ltd. v. Alberta Government Telephones, (1976) 1 A.R. 257 (TD)

• Judge: Laycraft, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: November 08, 1976
• Citations: (1976), 1 A.R. 257 (TD)

Cascade Builders Ltd. v. Govt. Tel. (1976), 1 A.R. 257 (TD)

MLB headnote and full text

Cascade Builders Ltd. v. Alberta Government Telephones

Indexed As: Cascade Builders Ltd. v. Alberta Government Telephones

Alberta Supreme Court

Trial Division

Judicial District of Calgary

Laycraft, J.

November 8, 1976.

Summary:

This headnote contains no summary.

Arbitration - Topic 944

The submission - Scope of the submission - Jurisdiction of arbitrators - A building contract contained an arbitration clause which allowed either party to refer "any matter arising" under the contract to arbitration - The owner claimed $100,000.00 for breach of contract and the contractor claimed $211,565.00 for extras - The parties applied to the Alberta Supreme Court, Trial Division, pursuant to Rule 232 of the Rules of Court to determine whether the arbitrators had jurisdiction to hear the claims of the parties - The Trial Division held that the arbitrators had jurisdiction to hear the claims - The Trial Division stated that a party may require arbitration of a dispute on which he may be wrong or may lose and that there are no interim proceedings, as in the courts, available to the parties to narrow or dispose of the issues.

Cases Noticed:

Heyman v. Darwins Ltd., [1942] A.C. 356, folld. [para. 6].

American Almond Products Co. v. Consolidated Pecan Sales Co. Inc. (1944), 144 F(2d) 448, folld. [para. 8].

Sissons v. Oates (1894), 10 T.L.R. 392, folld. [para. 10].

International Assoc. of Machinists v. Cutler-Hammer Inc. (1947), 67 N.Y.S. (2d) 317, folld. [para. 10].

Steelworkers v. American Mfg. Co. (1960), 363 U.S. 564, folld. [para. 10].

Statutes Noticed:

Rules of Court (Alta.), rule 232.

Authors and Works Noticed:

Russel on Arbitration (18th Ed.), p. 214 [para. 9].

Counsel:

W.J. Major, Q.C., for Alberta Government Telephones;

R.F. Goss, for Cascade Builders Ltd.

The judgment of the Alberta Supreme Court, Trial Division was delivered by Laycraft, J., at Calgary, Alberta on November 8, 1976.