In a 5 to 4 decision, the Supreme Court of Canada held the concept of “party autonomy” and holding parties to a valid arbitration agreement trumped access to justice and policy concerns. The Court allowed an appeal from the Court of Appeal for Ontario in which the majority ruled that part of a class action should be stayed and should proceed by way of arbitration even where there was a possibility of duplicating proceedings and inconsistent results.
SCC: Party Autonomy in Arbitration Trumps Access to Justice Concerns
By Blair Bowen of Fogler Rubinoff LLP on April 9th, 2019