Agreement Sets Aside

The applicants have opened civil proceedings concerning the purpose that falls within the scope of an arbitration agreement between the parties. Under Ontario`s National Arbitration Act, the court will not have civil proceedings if the case is to be referred to arbitration, unless an exception applies. One of these exceptions is that the arbitration agreement is invalid. In this case, the applicants argued that the arbitration agreement was unacceptable and had been obtained because of undue influence. The court disagreed and suspended the civil proceedings in favour of arbitration, once again confirming the high bar required to invalidate arbitration agreements. Once again, Ontario courts reaffirmed their dislike of intervening in arbitration agreements and reaffirming the primacy of arbitration. In addition, this case reiterated the high threshold required to deny an arbitration agreement as unacceptable or as a result of undue influence, even though the arbitration agreement is part of a standard form contract. A recent Family Court case highlights the need to review contractual agreements (also known as „pre-marriage agreements“ or „pre-nups“) from time to time. These include parts of the agreement with: A term of family law that describes the visitation rights of a person who is not a guardian with a child. Contact can be provided by court decision or by an agreement between the legal guardians of the child responsible for the contact decision. See „Guardian“ and „Parental Responsibility.“ A Judicial Case Conference (JCC) is optional if you request the lifting of an agreement in whole or in part.

But you should ask yourself if it would be useful to participate in your case, even if you don`t need it. Forcing someone to do something through psychological or emotional pressure; The defence of the application of a treaty. If a separation agreement has been entered into under duress. B, it may be a dispute or a request to cancel this agreement. Under contract law, there are circumstances in which a transaction contract may be ineffective and can be repealed. In Evans v. Mattamy Homes, 2019 ONSC 3883, the Ontario Superior Court confirmed that arbitration agreements are not overturned only in narrow circumstances.