What is the effect of an arbitration clause in a contract?

Manitoba, Canada


The following excerpt is from Hopkins v. Ventura Custom Homes Ltd., 2011 MBQB 271 (CanLII):

For the reasons that follow, I have determined that the relevant considerations flowing from the governing jurisprudence do not permit me to conclude that the arbitration clause has application in the particular circumstances of this case. I have also determined that in the present case, pursuant to s. 6(c), court intervention is justified so as to “prevent unfair or unequal treatment of a party to an arbitration agreement”. In addition, given what will be explained is my determination that the dispute in question falls outside the scope of time contemplated by the Agreement’s arbitration provision, the Agreement provision has no valid application and the court can, accordingly, refuse to grant a stay pursuant to s. 7(2)(b) of the Act. (a) The Four Questions Arising From Heyman v. Darwins, Supra

The first two questions in Heyman v. Darwins are formulated as follows: Question 1 - Has the precise nature of the dispute been ascertained? Question 2 - Is the dispute one which falls within the terms of the arbitration clause?

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