I. v. Protiviti
I. v. Protiviti: Arbitration Clause Validity
Appeal history
- Appeal from: I. v. Protiviti, 2021 ONSC 7596 (CanLII)
Summary
This is an appeal to the Court of Appeal from a motion judge's decision to stay a constructive dismissal lawsuit in favour of arbitration. The employee sued her employer, but the employer argued the dispute belonged in arbitration based on a clause in the employment contract. The motion judge stayed the court action, ruling that the arbitrator must decide if the arbitration clause itself was legally valid. The Court of Appeal quashed the employee's appeal because the governing legislation strictly bars appeals of this type of order. The court confirmed that the arbitrator must resolve the complex factual issues regarding the contract's validity, meaning the stay of proceedings stands.
Outcome
appeal quashed
Key Factors
- constructive dismissal
- arbitration clause
- jurisdiction
- Employment Standards Act, 2000
- procedural fairness
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This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.