21 Sep 2023
Toronto Standard v. Distillery SE
In the case of Toronto Standard v. Distillery SE on September 21, 2023, the Applicant, Toronto Standard Condominium Plan No. 2299, had sought an order to appoint an arbitrator and confirm the jurisdiction of the arbitrator over all issues raised in their Fresh as Amended Notice of Arbitration. The Respondent, Distillery SE Development Corp, had opposed this, aiming to quash the Fresh as Amended Notice of Arbitration. They had claimed that the Applicant had repudiated an agreement to appoint a specific arbitrator and had insisted that the alternative dispute resolution process outlined in the Three-Way Shared Facilities Agreement, which also involved another condominium called Gooderham, should be followed.
The ruling had favored the Applicant, with The Honourable Colin L. Campbell, K.C., appointed as the arbitrator because there had been a prior agreement between the parties to appoint him, and the Respondent had not objected. The Fresh as Amended Notice of Arbitration had not been quashed, leaving it to Mr. Campbell to determine jurisdiction, mandate, and whether Gooderham should be involved.
The court had ruled that the issues in the Fresh as Amended Notice of Arbitration should be decided by the arbitrator, emphasizing the need for a broad interpretation of the arbitrator's mandate. The question of Gooderham's involvement would also have been determined by the arbitrator based on the issues within his jurisdiction and the agreement between the parties. Lastly, no costs had been awarded due to the divided success in the application.