Is a plaintiff's claim against non-parties to an arbitration agreement valid?
British Columbia, Canada
The following excerpt is from Robinson v. National Money Mart Company, 2013 BCSC 967 (CanLII):
I agree with the applicant defendants that considering whether or not the claims in the proceeding against non-parties to the arbitration agreement are “derivative” of claims subject to an arbitration agreement is a helpful way to analyze the issue in a case where there is an extant arbitration proceeding. But it is important to note that James v. Thow did not deal with the situation where there was no arbitration commenced and no arbitration was contemplated or was perhaps even viable in respect of the claims being advanced.
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