Legal Blog

Arbitration – Summary Judgment

Optiva v. Tbaytel 2022 Ont CA

Section 25 of the Arbitration Act allows an arbitrator to conduct an oral hearing or a hearing based on documents. The arbitrator decided that this section (bolstered by a section in the arbitration agreement allowing him to decide procedural matters) allowed him the jurisdiction to have certain issues decided by summary judgment. The court agreed.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.