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Searching Content indexed under Arbitration & Dispute Resolution by WeirFoulds LLP ordered by Published Date Descending.
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1
The Arbitrator's Right To Be Unreasonable Or Incorrect
It was for the arbitrator, not the court, to interpret and apply the substantive provisions of the [agreement], and it is of no moment whether the arbitrator did so reasonably or unreasonably, correctly or incorrectly.
Canada
20 Sep 2019
2
It's A Small World After All: Obtaining Evidence From Persons Outside Ontario
In this global marketplace, where business across borders has become commonplace, it is to be expected that some parties to a business dispute that is litigated in Ontario,
Canada
9 Jul 2019
3
It's A Small World After All: Obtaining Evidence From Persons Outside Ontario
In this global marketplace, where business across borders has become commonplace, it is to be expected that some parties to a business dispute that is litigated in Ontario,
Canada
16 May 2019
4
Choose Your Words Wisely: Uber's Arbitration Clause For Employees Rejected By Ontario's Court Of Appeal
On January 2, 2019, Nordheimer J.A., writing for a unanimous panel of the Ontario Court of Appeal, released his decision in Heller v Uber Technologies Inc.
Canada
8 Feb 2019
5
A Refresher On Discoverability Principles
Several decisions were issued by the Ontario Court of Appeal over the last year regarding the discoverability principles under section 5 of the Limitations Act, 2002:
Canada
8 Feb 2019
6
The Civil Trial In Ontario: The Culture Shift From The "Sport Of Kings" Towards The "One Judge Model"
Effective February 1, 2019, the Ontario Superior Court of Justice will implement the Provincial Civil Case Management Pilot – One Judge Model (the "Pilot").
Canada
29 Jan 2019
7
Here One Minute, Gone The Next: BC Court Of Appeal Overturns Chambers Judge's Decision To Grant Leave To Appeal An Arbitral Award In Richmont Mines Inc. v. Teck Resources Limited
In its recent decision in Richmont Mines Inc. v. Teck Resources Limited, the British Columbia Court of Appeal emphasized the strict limits on the availability of appeal for arbitral awards.
Canada
20 Dec 2018
8
Contracts With Arbitration And Jurisdictional Clauses: Are They In Conflict?
Contracts often contain both mandatory arbitration clauses and jurisdictional clauses that specify which courts have jurisdiction.
Canada
28 Nov 2018
9
International Commercial Arbitration Awards: When Does An Arbitration Award Become Binding?
And so the saying went for Mr. Popack and Mr. Lipszyc, the parties in the recent decision of the Court of Appeal in Popack v Lipszyc, 2018 ONCA 635
Canada
24 Jul 2018
10
Proposed Class Action Against Uber Stayed: The Court Enforces The Parties' Agreement To Arbitrate
In Heller v. Uber Technologies Inc. et al., 2018 ONSC 718, the Ontario Superior Court (Perell, J.) stayed a proposed class action against several Uber entities because the agreements between...
Canada
9 Jul 2018
11
Partial Settlements And Other Litigation Agreements In Multi-Party Actions: The Peril Of Non-Disclosure
A recent decision of the Ontario Court of Appeal provides a stark reminder that when a partial settlement or other litigation agreement is reached in multi-party litigation, a critical step of disclosure...
Canada
3 Jul 2018
12
Proposed Class Action Against Uber Stayed: The Court Enforces The Parties' Agreement To Arbitrate
In Heller v. Uber Technologies Inc. et al., 2018 ONSC 718, the Ontario Superior Court (Perell, J.) stayed a proposed class action against several Uber entities because the agreements between...
Canada
19 Apr 2018
13
Mandatory Arbitration Isn't Always Mandatory In Canada
WeirFoulds partner Nikiforos Iatrou and associate Anastasija Sumakova contributed to the Winter 2018 issue of Today's General Counsel with their article, "Mandatory Arbitration Isn't Always Mandatory in Canada".
Canada
12 Jan 2018
14
Primer On Permanent, Mandatory And Interlocutory Injunctions
Injunctions are extraordinary remedies. Given their equitable nature, they are very flexible and an invaluable tool for litigators.
Canada
28 Sep 2017
15
Think That Arbitration Clause Applies? Think Again (And Think Fast!)
Many business contracts include broad arbitration clauses meant to apply to any issue related to the interpretation, application and operation of the contract.
Canada
14 Aug 2017
16
The New Construction Act: Coming To A Jobsite Near You
For many years construction industry groups have been demanding changes in the law about payment on construction projects and how disputes are resolved.
Canada
20 Jun 2017
17
Tactical Summons Barrage Leads To Big Indemnity
The case of Opara v. Opara provides an example of hotly contested estate litigation involving a disappointed family member who will take the matter to a disproportionate level in an attempt to avoid dismissal of his litigation.
Canada
19 Dec 2014
18
Efficiency And integrity Of The Canadian Courts
The cornerstone of the Canadian legal system is based on two principles: (1) the rule of law; and (2) the independence of the judiciary.
Canada
20 Aug 2013
19
Genetic Material As Property: Rethinking The Common Law View
People draft wills to set out their wishes for how their property is to be distributed after they die. Certain items – such as money, real estate, or jewellery – are easily identifiable as "property", and are specifically thought of and addressed when wills are drafted.
Canada
13 Jun 2012
20
Seidel v TELUS Communications Inc
In this case the Supreme Court of Canada permitted a proposed representative plaintiff ("Seidel") to proceed with a class action against TELUS Communications Inc. ("TELUS") despite an arbitration clause in the parties’ contract.
Canada
26 Apr 2011
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