RH20 North America Inc. and Unit Precast (Breslau) Ltd. (plaintiffs/appellants) appealed a Superior Court decision that struck out Unit Precast’s claims without leave to amend and dismissed Click’s stay motion. Martin Friedrich Bergmann, Bergmann-related entities, and individuals (defendants/respondents) cross-appealed, seeking to stay the action and refer the matter to arbitration.

Court of Appeal Decision:

• Unit Precast’s Appeal: Dismissed

  • Reasons:
    • Unit Precast’s business was not shown to be part of RH20’s business in the claim.
    • No error in striking out claims against Lars Bergmann or the claim for intentional interference.
    • Conspiracy claim lacked specific allegations against Unit Precast.
    • Leave to amend denied as further facts were unlikely to improve Unit Precast’s position.

• Click’s Cross-Appeal: Dismissed

  • Reasons:
    • Click waived its right to arbitrate by joining the motion to strike, rendering the arbitration agreement inoperative.
    • Seeking substantive relief from the court violated the obligation not to litigate disputes subject to arbitration.

Disposition:

• Appeals by Unit Precast and Click dismissed. No costs were ordered for the appeal and cross-appeal.