In Haas v. Gunasekaram, 2016 ONCA 744, the Ontario Court of Appeal in overuling the chambers judge dealt with the approach to be taken by the courts in an application for a stay of an action in favour of arbitration. The Respondent Hass sought to have the arbitration in favour of litigation. He was unsuccessful. The analytical framework applied was as follows:
(1) Is there an arbitration agreement?
(2) What is the subject matter of the dispute?
(3) What is the scope of the arbitration agreement?
(4) Does the dispute arguably fall within the scope of the arbitration agreement?
(5) Are there grounds on which the court should refuse to stay the action?