Maisonneuve v. Clark

JurisdictionOntario
CourtCourt of Appeal (Ontario)
JudgeFavreau,Huscroft,Sossin
Citation2022 ONCA 113
Date08 February 2022
Docket NumberC69277

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3 practice notes
  • Key Takeaways From 2022 Appellate Decisions
    • Canada
    • Mondaq Canada
    • March 17, 2023
    ...agreements subject to alternative dispute resolution terms before the commencement of the arbitration, in Maisonneuve v. Clark, 2022 ONCA 113, the Ontario Court of Appeal upheld the lower court's decision that it was not evident that the arbitration was "appropriate" until it was clear that......
  • Install-A-Floor Limited v. The Roy Building Limited
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • March 11, 2022
    ...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 line of decisions finding that “where th......
  • The Regional Municipality of Peel v. AD Steel Detailing and Fabrication Inc
    • Canada
    • Ontario Superior Court of Justice
    • December 9, 2022
    ...view, the principles applicable to insurance contracts aren’t necessarily transferable to warranty claims (see also Maisonneuve v Clark, 2022 ONCA 113 at para 12, which appears to narrow Markel’s application to claims under the Insurance Act, RSO 1990, c I.8). Also, if Peel is correct, then......
2 cases
  • Install-A-Floor Limited v. The Roy Building Limited
    • Canada
    • Supreme Court of Nova Scotia (Canada)
    • March 11, 2022
    ...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 line of decisions finding that “where th......
  • The Regional Municipality of Peel v. AD Steel Detailing and Fabrication Inc
    • Canada
    • Ontario Superior Court of Justice
    • December 9, 2022
    ...view, the principles applicable to insurance contracts aren’t necessarily transferable to warranty claims (see also Maisonneuve v Clark, 2022 ONCA 113 at para 12, which appears to narrow Markel’s application to claims under the Insurance Act, RSO 1990, c I.8). Also, if Peel is correct, then......
1 firm's commentaries
  • Key Takeaways From 2022 Appellate Decisions
    • Canada
    • Mondaq Canada
    • March 17, 2023
    ...agreements subject to alternative dispute resolution terms before the commencement of the arbitration, in Maisonneuve v. Clark, 2022 ONCA 113, the Ontario Court of Appeal upheld the lower court's decision that it was not evident that the arbitration was "appropriate" until it was clear that......