Background: Gabriela Sefcikova retained Monkhouse Law Professional Corporation and Andrew H. Monkhouse for representation at the Human Rights Tribunal of Ontario but later terminated the retainer. A dispute arose over unpaid legal fees amounting to $41,306.00.
Legal Proceedings: Sefcikova initiated a lawsuit seeking a declaration that the arbitration clause in the retainer agreement was invalid, claimed damages for malpractice, and requested an assessment of the defendants' legal fees.
Arbitration Clause: The retainer agreement included an arbitration clause for dispute resolution, which Sefcikova contested, leading to a stay of action in court as the matter was referred to arbitration.
Court's Decision: The Ontario Superior Court of Justice stayed the legal action, upholding the arbitration clause, and directed that the dispute should proceed to arbitration under the Arbitration Act 1991.
Arbitration Process: Despite Sefcikova's objections and challenges to the arbitration process and the arbitrators appointed, the court found no valid reason to invalidate the arbitration agreement.
Costs: The court awarded costs in favor of the defendants, with Sefcikova ordered to pay $7,500 inclusive of HST and disbursements.