Supreme Court

Decision Information

Decision Content

                                       SUPREME COURT OF NOVA SCOTIA

Citation:  Beacon Securities Ltd. v. 2125395 Ontario Inc., 2011 NSSC 207

 

Date:  20110520

Docket:  Hfx No. 344735

Registry:  Halifax

 

 

Between:

 

Beacon Securities Limited                                                                Applicant

 

and

 

2125395 Ontario Inc. and Redlend Enterprises Ltd.                       Respondents

 

 

LIBRARY HEADING

 

Judge:                        The Honourable Justice Gerald R. P. Moir

 

Heard:                       May 19, 2011           

 

Subjects:                   Dissolution of Partnership, Stay pending arbitration.

 

Summary:                 Beacon and the respondents formed a division within Beacon.  Their agreement contained an arbitration clause.  The parties disagreed on responsibility for losses.  Beacon applied for dissolution under the Partnership Act.  The others moved for a stay pending arbitration of the issue about losses.  Whether or not the agreement constituted a partnership would be an issue on both the arbitration and the application for dissolution.

 

Issues:                        Whether to grant stay.

 

Result:                       The arbitration clause did not cover termination remedies.  Dissolution under the Partnership Act, or a similar remedy, was not available through arbitration.  Whether to grant a stay depends more on overlapping remedies than overlapping issues of law or fact.  Stay refused.

 

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