Appellant
Respondent
- Parties: The appellant/defendant/counterclaimant was Station Mont-Ste-Anne Inc. The respondent/plaintiff/counterclaim defendant was La Société des Établissements de Plein-Air du Québec.
- Subject Matter: An arbitrator found that the appellant breached its obligations under a 2008 additional agreement between the parties, amended by a 2015 addendum, on the basis that the appellant failed to carry out sales of land for real estate development purposes to promote the development of its recreational tourism site. The arbitrator decided that the respondent could send the appellant a notice of termination of the additional agreement and a deed of transfer of surface ownership of the land peripheral to a ski resort. The respondent applied for the approval of the arbitration award. The Quebec Superior Court granted the application. The appellant appealed the court’s judgment.
- Ruling: The court ruled in the respondent’s favour and dismissed the appeal. The court rejected the appellant’s argument that the arbitration award was unenforceable and was only a preliminary step in determining the parties’ rights in the broader dispute between them. The court also disagreed with the appellant’s argument that, through the approval procedure, the respondent was indirectly seeking to lift the confidentiality of the arbitration process to the appellant’s detriment. The arbitrator exhausted his jurisdiction and decided all the issues in dispute, the court said.
- Date: The court released its decision on Dec. 2, 2024.
- Venue: This was a case before the Court of Appeal of Quebec.
- Amount: The court awarded legal costs.
Court
Court of Appeal of QuebecCase Number
200-09-010733-241Practice Area
Real estateAmount
$ 0Winner
RespondentTrial Start Date
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