Tresoro Mining Corporation v. Mercer Gold Corp. (B.C.), 2018 BCCA 160 Held: appeal allowed. The termination of the arbitration proceedings was not a final award as it was not a dismissal of the appellant’s counterclaims against the personal defendants on their merits. The judge who ordered the initial stay of the counterclaims contemplated that there would be issues the arbitration tribunal would remit to the court for determination. The individual defendants named in the counterclaim were not parties to the agreement between the two companies that contained the arbitration clause and therefore could not receive the benefit of that clause. The effect of the order under appeal was to foreclose the appellant from obtaining a determination of its claims against the personal defendants on their merits, a result that amounted to an injustice.
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