Applicants sought a determination that arbitrator Hon. Colin L. Campbell, Q.C., erred in claiming jurisdiction over the relief sought by respondents in a 2022 statement.
Background:
In 2005, Lebovic agreed to donate $20 million to UJA for naming rights to a campus, with an arbitration clause included for disputes.
Disputes arose over payments and the sale of campus lands, leading to multiple arbitrations.
Key Points:
2015 Arbitration: UJA initiated arbitration over the sale of campus land and unpaid installments.
Consent Order (2015): Disputes resolved with a clause referring future disputes to the arbitrator.
2021 Arbitration: UJA commenced arbitration regarding refinancing the campus and naming rights.
Jurisdictional Challenge: Lebovic objected to the arbitrator's jurisdiction after 18 months of participation.
Court Findings:
Waiver of Jurisdictional Challenge: The court found that Lebovic waived the right to object by participating in the arbitration and filing counterclaims.
Consistency of Arbitral Process: Multiple arbitrations for related issues would lead to unnecessary costs and inconsistencies.
Decision:
Application dismissed.
Costs: Applicants to pay respondents $26,610.61 within thirty days.
