Background:

• In 2018 and 2019, Knox Presbyterian Church and Oakwood entered into agreements for a wheelchair-accessible addition.
• Agreements:
  • 2018: Intent agreement for design and scope.
  • 2019: Two contracts—Oakwood General Construction Contract (Construction Contract) and CCDC14 Design-Build Stipulated Price Contract (CCDC Contract) for $774,500.
• Dispute arose when work paused due to a buried Hydro One power line, resuming with Oakwood demanding a price increase.

Key Issues:

1. Which dispute resolution method applies?
2. Is the application stayed pending service on Hydro One?
3. Are the parties required to arbitrate?

Findings:

• Dispute Resolution:
  • Court's Decision: GC 8.1 of the CCDC Contract applies (negotiation, mediation, arbitration), not Section 36 of the Construction Contract.
• Hydro One's Role:
  • Decision: Arbitrator will decide if Hydro One is necessary.
• Referral to Arbitration:
  • Order: Parties must arbitrate. Gerald Genge is the arbitrator unless agreed otherwise.

Disposition:

• Application granted; respondent’s motion dismissed.
• Costs to be resolved by June 24, 2024, or decided by the court based on cost outlines. No amount specified.

Key Points:

• Arbitration Clause: Prevails over court adjudication per CCDC Contract.
• Competence-Competence Principle: Arbitration process prioritized for jurisdictional questions.
• Hydro One's Involvement: Arbitrator’s decision, not a precondition for arbitration.