Tsa Corporation v KPMG LLP

canada, canadian, case law, court opinion, canlii, ntca, 2026nwtca4, 2026 nwtca 4 (canlii), 2026, nwtca, 4, (canlii), a-1-ap-2026-000001; a-1-ap-2026-000002, 2026, procedure, stay pending appeal, interlocutory relief, whether the appeal raises a serious question to be determined, low threshold where appeal not frivolous or vexatious, novel approach in setting aside arbitration agreement noted, rjr, macdonald inc v canada (attorney general) applied, serious question established, stay ordered, procedure, stay pending appeal, irreparable harm, whether proceeding under rules of court would cause irreparable harm through loss of arbitral rights, document production and pre, hearing oral examinations contrasted with adr institute of canada arbitration rules, confidentiality and arbitrator discretion emphasised, telus communications inc v wellman cited, irreparable harm found, stay ordered, procedure, stay pending appeal, balance of convenience, whether delay until scheduled appeal hearing outweighs risk of rendering appeal nugatory, respondents’ desire to move litigation along weighed against loss of contracted arbitration process, risk of wasted time and expense from parallel steps considered, piikani nation v mcmullen and google inc v equustek solutions inc cited, balance favours applicant, stay ordered, procedure, stay pending appeal, test, whether stay should be granted pending appeal of order dismissing stay in favour of arbitration, rjr, macdonald inc v canada (attorney general) three, part test applied, serious question, irreparable harm, and balance of convenience analysed in light of arbitral rights and rules of court discovery, just and equitable relief granted, stay ordered pending determination of appeals