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The recent Ontario Court of Appeal decision in RH20 North America Inc v Bergmann, 2024 ONCA 445 serves as useful reminder that a party can inadvertently waive its right to arbitrate a dispute if the party takes a step in the wrong direction. Specifically, a party subject to an arbitration agreement which seeks judicial assistance on a substantive aspect of a dispute before seeking a stay in favour of arbitration will waive its right to arbitrate the dispute. ....
Martin Valasek and Alison FitzGerald have joined Bennett Jones as partners. Martin also joins as co-head of the firm s International Arbitration team. ....