HZPC Americas Corp. v Skye View Farms Ltd.

canada, canadian, case law, court opinion, canlii, pescad, 2026peca15, 2026 peca 15 (canlii), 2026, peca, 15, (canlii), s1-ca-1546, 2026, procedure, arbitration, court jurisdiction, whether court lacked jurisdiction absent agreement changing the seat, drc rules establishing presumptive ontario seat relied on, ontario law governing arbitral procedure treated as pre, condition to court intervention, application for court review not available in prince edward island, appeal dismissed, procedure, arbitration, seat of arbitration, did the parties agree to change the presumptive place (seat) from ontario, article 69 providing ontario seat unless parties agree otherwise, emails and record reviewed for agreement to vary seat, no agreement found by applications judge, appeal dismissed, procedure, arbitration, place (seat) versus hearing location, whether “place (seat)” is a legal choice of law, not geography, reliance on arbitration law of canada and dell, uber, physical hearing in prince edward island treated as cost, saving measure only, conflation rejected, appeal dismissed, contracts, arbitration agreement, incorporation by reference, whether drc constitution, bylaws, and rules bound member corporations, mandatory mediation and arbitration rules as condition of membership, article 69 presumptive ontario seat and governing law, variation only by agreement of parties, binding rules applied, appeal dismissed, procedure, appeals, standard of review, whether palpable and overriding error required for seat determination, seat, change question characterised as mixed fact and law, deference to applications judge’s record, based findings, no palpable and overriding error shown, appeal dismissed, costs awarded