October 13, 2022 – Waiver of Arbitration Clause

“As held by Justice Curtis in Tameanko v. Goldman 2014 ONCJ 580 (CanLII), where a party does not raise the existence or effect of an arbitration clause and its possible impact upon a legal proceeding, that party acquiesces to a waiver of the arbitration clause.  Such a result is even more obvious when that party not only fails to raise the existence or effect of the arbitration clause, but then takes active steps in the legal proceeding to pursue his/her rights, interests and claims.  This is exactly what the respondent did in this proceeding.”

         George v. Wang, 2020 ONSC 6175 (CanLII) at 25