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Digest - Alternative Dispute Resolution - Binding arbitration - Voluntary binding arbitration - Agreement to arbitrate - Interpretation

Thursday, November 10, 2016 @ 7:00 PM  

Appeal by the defendants Gunam and Feng from a decision of a motions judge refusing to stay the action in favour of an arbitration agreement. The co-defendant Viscardi did not appeal. The parties entered into a shareholder agreement respecting the operation of a restaurant. When the restaurant failed, the respondent sued the appellants and Viscardi for fraudulent misrepresentation which he alleged induced him to sign the shareholders’ agreement. The shareholders’ agreement contained an arbitration agreement. The alleged misrepresentation largely related to the failures of Viscardi and...