Law360 Canada ( October 5, 2018, 8:43 AM EDT) -- Application by the plaintiff for a summary trial to determine whether the defendant remained liable under a performance bond and bond agreement. The bond agreement covered warehouse construction work performed for the plaintiff by Clark Holdings in 1999. The defendant agreed to act as surety of Clark’s obligations under the construction contract and issued a performance bond for $3,980,000. Litigation between the plaintiff and Clark over a flooring issue, commenced by the plaintiff in 2002, concluded in 2013 that the plaintiff’s complaints were arbitrable under the construction contract but that the plaintiff had missed the limitation period to arbitrate....