1. This is an appeal, brought pursuant to leave granted 26 January 1995 by a justice of this Court, from the order of Parrett J. pronounced 30 December 1994, refusing to stay that part of the action brought by the plaintiff/respondent, the City of Prince George (Prince George), against the defendant/appellant, A.L. Sims & Sons Ltd. (Sims). The application to stay was brought under s.15 of the Commercial Arbitration Act, S.B.C. 1986, c.3 which provides that the court shall stay proceedings in respect of a matter agreed to be submitted to arbitration unless the court determines that the arbitration agreement is "null and void, inoperative or incapable of being performed".