Where (1) a plaintiff filed a complaint against the defendant, a former employee, (2) proceedings were stayed pending arbitration, and (3) the defendant has moved to lift the stay so that he may bring a counterclaim and third-party complaint under the Wage Act, that motion should be allowed because the plaintiff waived its right to arbitration.

“Here, despite the agreement to arbitrate, which included a right to seek preliminary relief from the arbitrator and to pursue discovery, [plaintiff] Jet Edge filed this action in Superior Court, and sought preliminary relief and expedited discovery from the court. For almost a year, Jet Edge failed to pursue the arbitration despite having initiated it at JAMS. It ignored nine inquiries from JAMS regarding payment. Jet Edge’s failure to pursue the arbitration has caused substantial delay in [defendant Darryn] Mackenzie’s ability to pursue his claims. …

“Accordingly, the court finds that Jet Edge’s failure to pay the arbitration fee and to otherwise pursue arbitration, constitutes a waiver of its right to arbitrate. …”

Western Air Charter, Inc. v. Mackenzie, et al. (Lawyers Weekly No. 09-105-23) (6 pages) (Kazanjian, J.) (Suffolk Superior Court) (Civil Action No. 2284CV01603-BLS-1) (Aug. 28, 2023).

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