Both counsel acknowledged there was not much case-law on this point. Greta Energy v. Veresen Energy Infrastructure Inc 2019 ONSC 2826 I find mainly turns on the interpretation of section seven of the Arbitration Act, not on the Rules of Civil Procedure. Moreover, that decision did not specifically address, in footnote 6, the definition of an “action”. Rather, the focus was on “originating process” and “proceeding”. Thus, I need not further consider this decision, which focused on its own facts and legal issues.
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