The Province of Ontario (“Ontario”) was partly successful on appeal of a motion judge’s order to stay its Superior Court application on the ground that an arbitration process ought to have been followed in a dispute with Imperial Tobacco (“Imperial”) regarding the scope and effect of a release Ontario provided as a term of settlement of a civil claim against Imperial
Administrative law – Arbitration – Scope of arbitration agreement – Arbitrators – Jurisdiction – Class proceedings – Settlements – Releases – Judicial review – Stay of proceedings – Parties – Remedies – Declaratory relief Ontario v. Imperial Tobacco Canada Ltd., [2011] O.J. No. 3392, 2011 ONCA 525, Ontario Court of Appeal, July 20, 2011, S.T. ...