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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