Is a plaintiff's counsel permitted to advance claims for intentional infliction of harm and make allegations of conspiracy to oust an arbitration clause?
Ontario, Canada
The following excerpt is from Insley v. Clarke, 2010 ONSC 7250 (CanLII):
It is not open to plaintiff’s counsel to advance claims for intentional infliction of harm and make allegations of conspiracy and then commence two separate lawsuits in an attempt to oust an arbitration clause of some considerable breadth and dimensions. The parties must be held to their bargain. The law encourages parties to resort to arbitration. There is a legislative directive in favour of arbitration over litigation as noted by Blair J. (as he then was) in Ontario Hydro v. Dennison Mines [1992] O.J. No. 2948 at para. 12) and the establishment of a “presumptive” stay of court proceedings in favour of arbitration.
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