When can an application stay a motion to compel arbitration?
British Columbia, Canada
The following excerpt is from Jaeckel v International Exhibition Services Inc., 2021 BCSC 1173 (CanLII):
When an applicant makes out an arguable case that the parties have agreed that the dispute is to be resolved through arbitration, the court should stay the proceedings: Clayworth v. Octaform Systems Inc., 2020 BCCA 177 at para. 21. The court wrote at para. 53:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for an application for a stay of execution of a motion for a motion to quash a motion of appeal? (British Columbia, Canada)
What is the test for a stay of execution of an application for a motion to prevent the application from being heard in the Superior Court of Justice? (British Columbia, Canada)
Can a law firm refer their application to arbitration rather than assess and apportion the application before the court? (British Columbia, Canada)
What is the legal test for an application to compel the Court to consider a number of principles on an application? (British Columbia, Canada)
What is the test for a motion to dismiss a motion for personal injury? (British Columbia, Canada)
Is there an alternative argument that the application of a law of general application to a particular group of Indians in a particular activity is legislation in their Indian-ness? (British Columbia, Canada)
What is the test for determining whether a proposed amendment to the Rules of Arbitration for Arbitration would be prejudicial? (British Columbia, Canada)
Is a Residential Tenancy Branch arbitrator's decision not to interfere with the decision of an arbitrator? (British Columbia, Canada)
On an interim support application, can the court get bogged down with the merits of the application? (British Columbia, Canada)
Can an application to dismiss on an interlocutory application be dismissed? (British Columbia, Canada)
