Maisonneuve v. Clark,
| Jurisdiction | Ontario |
| Judge | JUSTICE SALLY GOMERY |
| Neutral Citation | 2021 ONSC 1960 |
| Docket Number | 19-81424 |
| Citation | 2021 ONSC 1960 |
| Date | 16 March 2021 |
| Court | Superior Court of Justice of Ontario (Canada) |
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8 practice notes
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Maisonneuve v. Clark,
...On appeal from the order of Justice Sally A. Gomery of the Superior Court of Justice, dated March 16, 2021, with reasons reported at 2021 ONSC 1960. REASONS FOR [1] This appeal deals with the application of a limitation period to a......
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When Is It Too Late To Arbitrate?
...to the Excluded Issue is barred by the basic two-year limitation period. Footnotes 1 2022 ONCA 113 (CanLII) https://canlii.ca/t/jm87m 2 2021 ONSC 1960 (CanLII) 3 2012 ONCA 218 (CanLII), 109 OR (3d) 652 https://canlii.ca/t/fqvv7 4 Sattva Capital v. Creston Moly, 2014 SCC 53 (CanLII), 2014 2 ......
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When Is It Too Late To Arbitrate?
...to the Excluded Issue is barred by the basic two-year limitation period. Footnotes 1 2022 ONCA 113 (CanLII) https://canlii.ca/t/jm87m 2 2021 ONSC 1960 (CanLII) 3 2012 ONCA 218 (CanLII), 109 OR (3d) 652 https://canlii.ca/t/fqvv7 4 Sattva Capital v. Creston Moly, 2014 SCC 53 (CanLII), 2014 2 ......
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PCL Constructors v. Johnson Controls,
...the opposite result. [31] I also do not find PCL’s reliance on Maisonneuve v. Clark, 2021 ONSC 1960 to be helpful. In that case, Justice Gomery relied on “if-then” language in an arbitration clause to hold that the parties were ......
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3 cases
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Maisonneuve v. Clark,
...On appeal from the order of Justice Sally A. Gomery of the Superior Court of Justice, dated March 16, 2021, with reasons reported at 2021 ONSC 1960. REASONS FOR [1] This appeal deals with the application of a limitation period to a......
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PCL Constructors v. Johnson Controls,
...the opposite result. [31] I also do not find PCL’s reliance on Maisonneuve v. Clark, 2021 ONSC 1960 to be helpful. In that case, Justice Gomery relied on “if-then” language in an arbitration clause to hold that the parties were ......
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Install-A-Floor Limited v. The Roy Building Limited,
...courts in other similar circumstances: L-3 Communication SPAR Aerospace Limited v. CAE Inc., 2010 ONSC 7133; Maisonneuve v Clarke, 2021 ONSC 1960, upheld on appeal 2022 ONCA 113. In Maisonneuve, the Court granted an application to appoint an arbitrator pursuant to a release, adding to the l......
5 firm's commentaries
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When Is It Too Late To Arbitrate?
...to the Excluded Issue is barred by the basic two-year limitation period. Footnotes 1 2022 ONCA 113 (CanLII) https://canlii.ca/t/jm87m 2 2021 ONSC 1960 (CanLII) 3 2012 ONCA 218 (CanLII), 109 OR (3d) 652 https://canlii.ca/t/fqvv7 4 Sattva Capital v. Creston Moly, 2014 SCC 53 (CanLII), 2014 2 ......
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When Is It Too Late To Arbitrate?
...to the Excluded Issue is barred by the basic two-year limitation period. Footnotes 1 2022 ONCA 113 (CanLII) https://canlii.ca/t/jm87m 2 2021 ONSC 1960 (CanLII) 3 2012 ONCA 218 (CanLII), 109 OR (3d) 652 https://canlii.ca/t/fqvv7 4 Sattva Capital v. Creston Moly, 2014 SCC 53 (CanLII), 2014 2 ......
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Limitation Periods On Arbitration: If Not Clarity, Then Context
...a resolution of the issue until January 2018, at the earliest, the request to arbitrate was not time-barred. The Superior Court Decision: 2021 ONSC 1960 The application judge found that there was no agreement that the parties would conduct the arbitration within 90 days of the agreement. Fu......
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Limitation Periods On Arbitration: If Not Clarity, Then Context
...a resolution of the issue until January 2018, at the earliest, the request to arbitrate was not time-barred. The Superior Court Decision: 2021 ONSC 1960 The application judge found that there was no agreement that the parties would conduct the arbitration within 90 days of the agreement. Fu......
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