Court stays action in favour of arbitration
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Crawford Smith and Michael Currie represent Mattamy Homes in a dispute with purchasers of pre-construction homes who defaulted on closing. On June 21, 2019, the Ontario Superior Court of Justice released its decision staying the plaintiffs’ claims in favour of arbitration after finding that the arbitration clauses within the Agreements of Purchase and Sale were valid and that Mattamy was presumptively entitled to a stay. The decision reaffirms the importance of arbitration clauses and the high hurdle parties must overcome to invalidate them.
The decision can be found here: Evans v Mattamy Homes