Common Contracts

1 similar null contracts

The Canadian Abridgment eDigests -- Family Law - Ontario
August 10th, 2020
  • Filed
    August 10th, 2020

Parties entered into Interim Parenting Agreement in September 2019 -- Agreement provided that any disputes concerning parenting or child support be resolved by mediator/arbitrator/parenting coordinator (Mediator) -- Mediator’s decision was binding -- Mother sought to bring motion -- Father brought motion to stay mother’s motion based on arbitration clause in Agreement -- Motion dismissed -- Family arbitration award was only enforceable if agreement under which award was made was in writing and complied with any regulations made under Arbitration Act -- Provisions of Family Law Act (FLA) prevailed over provisions of Arbitration Act in event of conflict -- Section 59.7(1) of FLA enacted special rules for secondary arbitration, choosing to exempt them from some provisions of Arbitration Act, and from one but not all of standard provisions mandated in Family Arbitration Regulation (Regulation) -- Case law did not provide basis on which court could read in mandatory requirements to Interim

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