Edenrock Holdings Inc. v. Moscone
VINCENT MOSCONE
Law Firm / Organization
Miller Thomson LLP
ANNA MOSCONE
Law Firm / Organization
Miller Thomson LLP
LAURA MOSCONE
Law Firm / Organization
Miller Thomson LLP
VETTA CORP.
Law Firm / Organization
Miller Thomson LLP
BENAR HOLDINGS INC.
Law Firm / Organization
Miller Thomson LLP
WILSONHALL PROPERTIES INC.
Law Firm / Organization
Miller Thomson LLP
EDENROCK HOLDINGS INC.
Law Firm / Organization
Maurice J. Neirinck & Associates
Lawyer(s)

Maurice Neirinck

ANTHONY MARRESE
Law Firm / Organization
Maurice J. Neirinck & Associates
Lawyer(s)

Maurice Neirinck

Key Issues:

  1. Moscone Parties sought to set aside or appeal arbitral decisions issued by Justice Blair in February and April 2023 on grounds of procedural fairness, bias, and errors in law.
  2. Edenrock Holdings and Anthony Marrese sought enforcement of the arbitral decisions.

Court's Findings:

  1. No Breach of Procedural Fairness:

    • The Moscone Parties had the opportunity to make submissions but chose not to. This was considered a voluntary decision, not a denial of natural justice.
    • The Arbitrator did not reopen or reinterpret prior decisions unfairly; his rulings followed substantive terms of earlier awards.
  2. No Bias by the Arbitrator:

    • The claims of bias were unsubstantiated and based on disagreement with the Arbitrator's rulings.
  3. No Questions of Law or Right to Appeal:

    • The arbitration agreement deemed decisions final and binding, precluding appeals.
    • Even if appeal rights existed, the court found no significant legal questions or issues of importance to justify leave to appeal.
  4. No Basis to Remit to a New Arbitrator:

    • The court dismissed the request as no legal questions warranted reconsideration.

Outcome:

  • The Moscone Parties’ application was dismissed.
  • Edenrock Holdings Inc. and Anthony Marrese's application to enforce the arbitration decisions was granted.
  • The judgment does not specify the total monetary awards, costs, or damages.
Superior Court of Justice - Ontario
CV-24-716711; CV-23-697149
Civil litigation
Respondent