Does a party who issues a statement of defence in response to litigation have waived their right to have the matter proceed by arbitration?
Ontario, Canada
The following excerpt is from Lansens v. Onbelay Automotive Coatings Corp., 2006 CanLII 51177 (ON SC):
Where a party takes steps in response to litigation, such as issuing a statement of defence, the party has waived its right to have the matter proceed by arbitration: see Armstrong v. Camroux, [1995] B.C.J. No. 121 (S.C.).
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