
Legal Blog
Arbitration Stay
Jencel 407 Yonge Street Inc. v. Bright Immigration Inc. 2021 Ont SCJ
A lease contained an arbitration clause. The defendant failed to pay rent and the landlord commenced an action and a summary judgment motion. The tenant claimed that the action ought to be stayed and dealt with by way of arbitration. Normally, a judge would have acceded to that request. However, section 7(2) of the Act gives a judge discretion to refuse to stay an action if “the matter is a proper one for …. summary judgment.” In this case, the court held that summary judgment was appropriate and granted judgment in favour of the landlord.
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Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices. |