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Case information

Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.


40439

March of Dimes Canada v. Escape 101 Ventures Inc.

(British Columbia) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2023-04-14 Close file on Leave
2023-04-13 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2023-04-13 Judgment on leave sent to the parties
2023-04-13 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Victoria), Number CA47505, 2022 BCCA 294, dated August 29, 2022, is dismissed with costs.
Dismissed, with costs
2023-03-06 All materials on application for leave submitted to the Judges, for consideration by the Court
2022-12-12 Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-12-12, (Printed version filed on 2022-12-12) March of Dimes Canada
2022-12-02 Notice of name, (Letter Form), (Printed version filed on 2022-12-02) Escape 101 Ventures Inc.
2022-12-02 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-12-02) Escape 101 Ventures Inc.
2022-12-02 Book of authorities, (Book Form), Completed on: 2022-12-08, (Printed version filed on 2022-12-02) Escape 101 Ventures Inc.
2022-12-02 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-12-08, (Printed version filed on 2022-12-02) Escape 101 Ventures Inc.
2022-11-09 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-11-09
2022-10-28 Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2022-10-28) March of Dimes Canada
2022-10-28 Notice of name, (Letter Form), (Printed version filed on 2022-10-28) March of Dimes Canada
2022-10-28 Application for leave to appeal, (Book Form), Completed on: 2022-11-09, (Printed version filed on 2022-10-28) March of Dimes Canada

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
March of Dimes Canada Applicant Active

v.

Main parties - Respondents
Name Role Status
Escape 101 Ventures Inc. Respondent Active

Counsel

Party: March of Dimes Canada

Counsel
David Wotherspoon
Jasmine Der
Dentons Canada LLP
250 Howe Street
20th Floor
Vancouver, British Columbia
V6C 3R8
Telephone: (604) 691-6429
FAX: (604) 683-5214
Email: david.wotherspoon@dentons.com
Agent
David R. Elliott
Dentons Canada LLP
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9699
FAX: (613) 783-9690
Email: david.elliott@dentons.com

Party: Escape 101 Ventures Inc.

Counsel
David S. Mulroney
Michael A. Mulroney
Mulroney Silver Law
#414, 1207 Douglass Street
Victoria, British Columbia
V8W 2E7
Telephone: (250) 389-6022
FAX: (250) 389-6033
Email: david@yourlawpartner.ca

Summary

Keywords

Arbitration — Commercial arbitration — Administrative law — Whether Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, determines the standard of review for appeals of commercial arbitration awards — Whether a reviewing court may examine the evidentiary record underlying an arbitral award when identifying an error of law

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The applicant, March of Dimes Canada, purchased the respondent, Escape 101 Ventures Inc.’s, business. Part of the purchase price included a share of the business’ quarterly revenues for five years after the closing date. A dispute arose between the parties about whether revenue from a new contract generated after the closing date should be included. In accordance with the purchase agreement for the business, the parties referred this dispute to an arbitrator.

The arbitrator concluded that the respondent was not entitled to a share of revenues arising from the new contract because it originated outside of the geographic area where the respondent originally operated. Central to the arbitrator’s ruling was a factual finding that the respondent was aware that the applicant had generated the new contract several quarters earlier, but failed to object to the applicant’s revenue calculation in a timely fashion.

At the Court of Appeal, the parties agreed that the arbitrator’s finding that the respondent failed to object to the exclusion of revenue from the new contract was a misapprehension of evidence. The new contract did not generate revenue until the quarter when the dispute arose. Because this misapprehension was central to the arbitrator’s interpretation of a key provision of the parties’ contract, it was an error of law and could not survive appellate review on any standard. The Court of Appeal set aside the award and remitted the matter for reconsideration.

Lower court rulings

April 27, 2021
Arbitration Award

S.B.C. 2020,c.2

Claims dismissed.

August 12, 2021
Court of Appeal for British Columbia (Vancouver)

2021 BCCA 313

Leave to appeal granted.

August 29, 2022
Court of Appeal for British Columbia (Victoria)

2022 BCCA 294, CA47505

Appeal allowed, issue remitted to arbitrator for reconsideration.

Memorandums of argument on application for leave to appeal

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

Factums on appeal

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

Webcasts

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Date modified: 2025-02-27