Results | Nov 22, 2019

LOLG’s continued success in enforcing arbitration clauses

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Michael Currie represented Mattamy Homes in a dispute with purchasers of a pre-construction home who defaulted on closing.  On November 21, 2019, Master Muir released his decision staying the plaintiffs’ claims in favour of arbitration after finding that the arbitration clause within the Agreement of Purchase and Sale was 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.

Master Muir’s decision cites to an earlier 2019 decision (Evans) in which Crawford Smith and Michael Currie were counsel for Mattamy.  In that case, they also succeeded in enforcing the arbitration clauses in question.   Wang v Mattamy Corporation 2019 ONSC 6675