March 02, 2018
Lopatowski v. Lopatowski | 2018 ONSC 824 | Ontario Superior Court of Justice
Alternative dispute resolution --- Submission or agreement to arbitrate — Miscellaneous
Order was made in August 2016 regarding selection of parenting coordinator — Another order was made in June 2017 appointing specific parenting coordinator — Father brought motion for finding of contempt — Mother brought motion for order striking out paragraphs of orders — Mother's motion dismissed — Father's motion adjourned — Mother's remedy was by way of appeal, not by motion in this court to set aside or declare unenforceable relevant paragraphs of orders — Regardless, it was not case that either order was unenforceable — Parties had entered into clear agreement to use parenting coordinator with broad powers to assist them in parenting disputes, which was to include arbitral authority, if necessary — Principle of good faith and honest contractual performance required that parties take steps necessary to make agreement operative
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