On December 5, 2012, the Supreme Court of British Columbia (the Court) denied Arbutus Software Inc. (Arbutus) appeal of an arbitrator’s decision with respect to a reorganization agreement with ACL Services Ltd. (ACL). Each party argued that the other had breached restrictive covenant reorganization agreement, and they referred the matter to arbitration.
The arbitrator dismissed Arbutus’s counterclaim and made an award in favour of ACL. Arbutus filed a petition alleging numerous errors by the arbitrators. The Court discussed the appeal in its entirety.
ACL Services Ltd. is a company providing audit analytics and continuous monitoring software. Fasken Martineau was counsel to ACL Services Ltd. with a team that included Gavin Cameron.