Continental Resources Inc. v. Sovereign Venture ( The )
T-2128-91
Strayer J.
21/3/94
4 pp.
Arbitration-Cargo claim of $53,640.10 (U.S.)-Application for reference and stay of action by defendants-Plaintiffs alleging agreement reached among counsel in Vancouver for arbitration-In Commercial Arbitration Code, s. 8(1), Court without discretion as to whether referring matters within arbitration agreement to arbitration-Federal Court Act, s. 50 giving discretion to Court to stay action having regard to fact for all practical purposes issues involved in action dealt with in arbitration-Action stayed on condition defendants do not rely on prescription or delay as defence in arbitration-Defendants should have costs of this motion in any event of cause-Plaintiffs responsible for substantial and unexplained delays-Responsibility put on plaintiffs by letter from solicitors for defendants where pointed out plaintiffs failed to provide final position respecting draft arbitration agreement; warned unless provided formal position, defendants presuming plaintiffs not interested in Vancouver arbitration; no reply received to this letter-Fact reference to New York arbitration necessary attributable to delay by plaintiffs-Motion for reference and stay allowed, costs on plaintiffs-Commercial Arbitration Code, R.S.C., 1985 (2nd Supp.), c. 17, s. 8(1) (as am. by R.S.C., 1985 (4th Supp.), c. 1, s. 10).