Background:

• The appellants, Andrew Spasiw and Astute Ventures Ltd., initiated legal action against Quality Green Inc., Quintet Ventures Inc., Andrew Robinson, Adrian Robinson, 1160094 B.C. LTD., and 1161845 B.C. LTD.
• The appeal arose from a Superior Court decision affirming an Associate Justice’s stay of proceedings based on arbitration clauses in the parties' agreements.

Key Legal Issues & Findings:

1. Characterization of the Dispute:

   • The associate justice found the substance of the claims (fraudulent misrepresentation, oppression, disgorgement, unjust enrichment, rescission) to be contractual and therefore subject to arbitration.
   • A stay was imposed under s. 7(1) of the Arbitration Act, 1991, which mandates a stay where an arbitration agreement applies.

2. Appeal Judge’s Decision:

   • The appellants challenged the constitutionality of s. 7 and the characterization of the dispute.
   • The appeal judge upheld the stay, finding no palpable or overriding error in the associate justice’s reasoning.

3. Finality of Stay Orders (Arbitration Act, s. 7(6)):

   • The Court of Appeal dismissed the appeal, ruling that s. 7(6) bars appeals from stay orders under s. 7(1).
   • Cited Telus Communications Inc. v. Wellman, 2019 SCC 19.

Outcome:

• Appeal dismissed.
• Each party to bear its own costs.
• No monetary damages or costs were awarded.