Miramichi Pulp & Paper Inc. v. Canadian Pacific Bulk Ship Services Ltd.
T-2831-89
Joyal J.
9/10/92
7 pp.
Application to set aside Senior Prothonotary's order granting stay of proceedings -- Order based on discretion of Court and strict interpretation of Commercial Arbitration Code, art. 8 -- Contract entered into by parties containing arbitration clause -- Clear and precise language necessary in order to incorporate arbitration clause into bill of lading -- Art. 8 imposing mandatory duty upon Court to stay proceedings and refer parties to arbitration where arbitration agreement existing between parties -- Art. 8 to be given strict interpretation -- Federal Court Act, s. 50(1)(b) giving Court jurisdiction to grant stay of proceedings when interest of justice so dictates -- Parties bound to have claim proceed by arbitration -- Application dismissed -- Commercial Arbitration Act, R.S.C., 1985 (2nd Supp.), c. 17, Schedule, art. 8.