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Court got it wrong in Novatrax

Thursday, December 08, 2016 @ 7:00 PM | By William Horton

The Ontario Court of Appeal decision in Novatrax International Inc. v. Hägele Landtechnik GmbH 2016 ONCA 771 has raised eyebrows among arbitration practitioners across Canada. Possibly based on the way in which the case was argued before it, the court simply applied the wrong principles of law to an appeal from an order staying an action in the Ontario Superior Court of Justice.

A dissent by Justice Kathryn Feldman goes a long way to placing the issues on the appeal within the correct legal framework but,...