May 13, 2019
Though he enjoyed his work as a commercial litigator, Allan Stitt found clients were rarely satisfied with the results. If they won — well, big deal, it was inevitable anyway. And if they lost, they felt betrayed. Litigation wasn’t appearing, to him, an effective path to resolution.
May 13, 2019
Businesses appreciate the efficiency of ADR for their disputes and arbitration chambers are there to help make it happen
Apr 4, 2019
Business customers with claims against TELUS Communications must pursue their cases through arbitration rather than as part of a class action, the Supreme Court of Canada ruled today in a decision that set guidelines for cases in which consumer class actions and arbitration clauses intersect.
- Apr 1, 2019
In the aftermath of the January 2019 Ontario Court of Appeal decision, in Heller v. Uber Technologies Inc., arbitration may have been placed under a judicial microscope as never before. In that decision, the Court of Appeal examined a lengthy arbitration agreement involving alleged employment issues, and tossed it out in part, based on unconscionability. Heller v. Uber Technologies Inc. may well become the spectre that haunts private arbitration as parties move reflexively toward arbitration. So the issue for lawyers representing businesses is how they advise their clients about the use of arbitration where there is an obvious power imbalance. And the issue for arbitrators centres on their duty to provide early warning of possible trouble.
- Mar 11, 2019
While arbitrators have a variety of academic and practical backgrounds, many are litigation lawyers. And some wear two hats; carrying on civil litigation and arbitration practices simultaneously. At times, arbitrators act as counsel in wholly unrelated actions for one of the parties to an arbitration while arbitrating. Given the statutory duties that apply with respect to fairness, impartiality and lack of bias, the two fundamental issues they face are compliance with those duties where there are any conflicts of interest and the effect of those conflicts on the legitimacy of arbitration.
- Feb 18, 2019
Many are familiar with the issue of impartiality in the context of international-investment arbitral panels. Less talked about, however, is how these same concerns bear on arbitrators in disputes under the Canadian Free Trade Agreement.
- Jan 7, 2019
Some estates lawyers are encouraging parents and children to discuss and negotiate their differences in the hopes of avoiding or narrowing conflict before wills are signed.
- Oct 8, 2018
Family law disputes reap many benefits from arbitration. Whether the dispute centres on property, support, custody or access, the most intimate and personal details of the parties’ lives are exposed. It is also difficult to move on with life if one’s case is tied up in court proceedings for years.
Sep 13, 2018
For a second time, an arbitrator has ruled in favour of the Ontario Nurses’ Association, ordering a major hospital group in Toronto to rescind its “vaccinate or mask policy.”
Jul 26, 2018
As a young lawyer in Alberta and British Columbia, Beverley McLachlin had done some commercial and construction law, and she enjoyed it; later, as a trial judge in B.C. in the early 1980s, she continued to hear these types of cases.
- Feb 26, 2018
For more than a year, prominent Canadian litigators writing for this publication and elsewhere have suggested — wisely — that parties with cases lingering in the courts because of court delays, particularly delays in securing trial dates, should consider moving to arbitration.
Nov 13, 2017
The judicial system, through no fault of its own, is having a difficult time responding to the volume of cases that are before it. So why aren’t more in-house departments considering arbitration as a means to resolution?
Dec 29, 2016
In Mennillo v. Intramodal Inc., the Supreme Court of Canada examined whether a corporation’s non-compliance with the corporate formalities of the Canada Business Corporations Act can constitute shareholder oppression.
- Oct 31, 2016