Does a party bringing a motion to stay "knowingly and willingly" rely on the mediation/arbitration clause?
Ontario, Canada
The following excerpt is from Thomson v. Thomson, 2012 ONCJ 141 (CanLII):
In the case of McLaughlin v. Healthcare Employees’ Pension Plan, supra, the court considered whether the party bringing the motion to stay “knowingly and willingly” chose not to rely on the mediation/arbitration clause although in that case though the court did so in the context after the proceedings had commenced.
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