Does a tactical decision by a party seeking to enforce an arbitration clause result in undue delay?
Ontario, Canada
The following excerpt is from Bombino v. Serendipity Homes, 2022 ONSC 1410 (CanLII):
In other decisions, courts similarly held that where the delay by the moving party seeking to enforce an arbitration clause was caused by a tactical decision, that was sufficient to transform the delay into “undue” delay; see: Allied Accounting v. Pacey, 2017 ONSC 4388, 72 B.L.R. (5th) 163, at para. 6.
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