- 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
- Feb 25, 2013