CARRIGAN v WITHERS

The Applicant, Mr. Carrigan, applied for a Stay of Arbitration pending Appeal pursuant to Rule 14.48(b). The Respondents were the Arbitrator, Ms. Withers, and the Respondent of the Arbitration, Ms. Bosse. Ms. Bosse cross-applied for Security for Costs and opposed the Stay Application on the basis that the Court lacked jurisdiction to stay the Arbitration proceeding.

In January of 2024 Justice Johnston directed that Mr. Carrigan required leave of the Court or written consent of the parties prior to filing any further Applications related to the Arbitration. The Respondents did not suggest that this amounted to a vexatious litigant Order such that Rule 14.5(1)(j) would apply.

Mr. Carrigan argued that Section 30 of the Arbitration Act, RSA 2000, cA-43 provides the Court with supervisory authority over arbitrators. Antonio J.A. rejected this argument.

Appeal Justice Antonio considered whether the Court had jurisdiction pursuant to Rule 14.48, holding that Rule 14.48 only permits stays under appeal, not arbitration proceedings or awards. The Arbitrator’s awards were not under appeal, and thus granting a Stay would amount to a collateral attack.

Upon considering the Security for Costs cross-Application, the Court considered Rule 14.67 and the factors set out at Rule 4.22. Antonio J.A. agreed with Ms. Bosse and awarded Security for Costs in the amount of $3,375. Security for Costs was appropriate in the circumstances given the Applicant’s history of unpaid costs Orders and his financial inability to pay future costs.