Key Points:

• Issue: The motion to quash the appeal by Laureen Rennie and June Drysdale, the respondents on jurisdictional grounds.
• Background:
  • Dispute over the validity of a lease agreement that included a tenancy and a right of first refusal over cottage land.
  • The lease contained an arbitration clause.
  • Norman Harry John Clost, the applicant, argued the lease was invalid, alleging forgery of his signature.
  • The Arbitrator ruled on a preliminary jurisdictional motion that he had authority to decide on the right of first refusal but not the dispute's merits.
• Superior Court Decision: The application judge overturned the Arbitrator’s decision, declaring the lease agreement invalid.
• Legal Principle: Based on Iris Technologies Inc. v. Rogers Communications Canada Inc., 2022 ONCA 634, the Arbitration Act, 1991 precludes further appeal from a Superior Court judge’s decision reviewing an Arbitrator's jurisdictional ruling.
• Court Decision: The Court of Appeal quashed the appeal and related motion for leave to appeal, citing lack of jurisdiction under s. 17(9) of the Arbitration Act, 1991.
• Costs: Mr. Clost was awarded partial indemnity costs of $18,000.

The appeal and motion for leave to appeal were dismissed due to jurisdictional limitations under Ontario's Arbitration Act.