Is there a class proceeding or is there an alternative to an arbitration procedure?
Ontario, Canada
The following excerpt is from 1146845 Ontario Inc. v. Pillar to Post Inc., 2014 ONSC 7400 (CanLII):
In these circumstances, it is not necessary and it is not appropriate to consider the parties’ alternative arguments that assuming the enforcement of the agreement of arbitrate is not governed by the approach mandated by Seidel v. TELUS Communications Inc., the availability of a class proceedings should be determined by whether or not a class proceeding was the preferable procedure to arbitration.
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