Can an arbitration clause be included in a contract where there is a dispute as to whether there has ever been a binding contract?

British Columbia, Canada


The following excerpt is from Maher v. Chertkow, 2003 BCSC 48 (CanLII):

I have considered carefully the common law proposition that, where there is a dispute as to whether there has ever been a binding contract between the parties, such a dispute cannot be covered by an arbitration clause in the challenged contract; Heyman v. Darwin, supra.

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