In MRC Total Build Ltd. v. F&M Installations Ltd., 2019 BCSC 765, the court dealt with the incorporation of the arbitration provisions by way of reference so as to bind MRC to an arbitration and not a litigation process. MRC was a subcontractor of F&M. F&M was party to a construction contract with BCHydro. The court did not apply the technical rule to contract interpretation. The court found that the issue was arguable that an intention to arbitrate existed. The court referred the matter to arbitration.
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