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Court boosts arbitral agreements

Thursday, March 30, 2017 @ 8:00 PM | By Ben Hanuka

In Haas v. Gunasekaram 2016 ONCA 744, a decision released by the Ontario Court of Appeal in October 2016, the court decided that a shareholders dispute — even where many of the allegations involved precontractual misrepresentation and fraud — fell within the scope of the arbitration agreement that was contained in the shareholders agreement.

The decision strengthens Canadian appellate courts’ approach to favouring the enforcement of arbitration agreements — as a strong pro-arbitration policy. The court noted that s. 7(1) of the Arbitration Act contains mandatory...