Legal Blog

Notice and Waiver: Court of Appeal Reinstates Arbitrator’s Award

Ledore Investments Ltd. v. Ellis-Don Construction Ltd 2018 Ont CA

The Court of Appeal overturned the motions judge and reinstated the arbitrator‘s order. The court held that the arbitrator’s interpretation of the notice letter, said to be a delay claim, was reasonable and that a court had to give effect to a reasonable award and could not substitute its own interpretation. In this case the letter was very detailed as to the complaints and certainly gave an intention to claim, but the arbitrator held that the letter was not an actual claim as called for in the subcontract.

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