KMH Cardiology Centres Incorporated v Lambardar Inc.
| Jurisdiction | Ontario |
| Court | Superior Court of Justice of Ontario (Canada) |
| Judge | Myers |
| Citation | 2022 ONSC 7139 |
| Date | 16 December 2022 |
| Docket Number | CV-21-662535 |
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7 practice notes
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2325524 Ontario Inc. v Charge Solar Renewables Inc.
...Haisla Nation v. Bear Creek Contracting Ltd., 2012 BCSC 1912 at para. 15 and KMH Cardiology Centres Incorporated v. Lambardar Inc., 2022 ONSC 7139 at para. 40 The issue is similar to the determination of whether an issue in dispute was intended to be subject to arbitration, which includes c......
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2440537 Ontario Inc. v. Canadian Property Holdings (Winston Churchill One) Inc.
...counsel provided a clear illustration of how this could have been done, by citing KMH Cardiology Centres Incorporated v Lambardar Inc., 2022 ONSC 7139. At paras. 32-37 and 49 of that case, Myers J. construed a provision in the lease delegating the resolution of disputes to an expert nominat......
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CLEAResult Canada Inc. v. Santomero
...which can be slow and expensive and create commercial uncertainty: see, for example, KMH Cardiology Centres Inc. v. Lambardar Inc., 2022 ONSC 7139, at paras. 48-49; Ivaco Inc. v. III Canada Acquisition Co., 2005 CanLII 29656 (ON SC), at para. [55] These cases relied upon by the Applicants, ......
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Tokayer v. Verduci et al
...of natural justice apply to a fair trial: see para. 35 of Malton. As set out in KMH Cardiology Centres Incorporated v. Lambardar Inc. 2022 ONSC 7139 [KMH Cardiology] at paragraphs 28 to 32, parties often contract to have an issue decided by an ‘expert’ rather than an arbitrator or judge of ......
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5 cases
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CLEAResult Canada Inc. v. Santomero
...which can be slow and expensive and create commercial uncertainty: see, for example, KMH Cardiology Centres Inc. v. Lambardar Inc., 2022 ONSC 7139, at paras. 48-49; Ivaco Inc. v. III Canada Acquisition Co., 2005 CanLII 29656 (ON SC), at para. [55] These cases relied upon by the Applicants, ......
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2440537 Ontario Inc. v. Canadian Property Holdings (Winston Churchill One) Inc.
...counsel provided a clear illustration of how this could have been done, by citing KMH Cardiology Centres Incorporated v Lambardar Inc., 2022 ONSC 7139. At paras. 32-37 and 49 of that case, Myers J. construed a provision in the lease delegating the resolution of disputes to an expert nominat......
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Tokayer v. Verduci et al
...of natural justice apply to a fair trial: see para. 35 of Malton. As set out in KMH Cardiology Centres Incorporated v. Lambardar Inc. 2022 ONSC 7139 [KMH Cardiology] at paragraphs 28 to 32, parties often contract to have an issue decided by an ‘expert’ rather than an arbitrator or judge of ......
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LPF NRStor Holdings LTP v. NRStor Incorporated
...triggered does not involve accounting expertise. However, as noted by Myers J. in KMH Cardiology Centres Incorporated v. Lambardar Inc., 2022 ONSC 7139, at para. 39: “The fact that some questions of interpretation or even questions of law may be involved however is not a bar to the use of a......
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1 firm's commentaries
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Judicial Support For Expert Determination As A Dispute Resolution Alternative: KHM Cardiology Centres V Lambardar
...expert determinations in the context of commercial leasing arrangements. Specifically, in KMH Cardiology Centres Inc. v. Lambardar Inc., 2022 ONSC 7139, the Ontario Superior Court held that experts could determine questions of mixed fact and law, or even questions of law, if parties to a co......
