Searching Content indexed under Arbitration & Dispute Resolution by Torkin Manes LLP ordered by Published Date Descending.
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When Does ‘Final And Binding' Mean ‘Final And Binding'?
Under the SAA, 108 agreed to act as BGOI's sales agent for a horror film outside of North America for five years.
18 Sep 2019
Family Law Arbitration Has Advantages, But It's No Guarantee You'll Stay Out Of Court
The National Post recently reported on the case of a dispute between separated parents that centred on whether their children should be vaccinated or not.
18 Jun 2019
Is Section 5(1)(a)(iv) Of Ontario's Limitations Act The New "Special Circumstances"?
When Ontario's Limitations Act, 2002 came into force in 2004, the Courts made serious efforts to ensure that the new two-year limitation period for most lawsuits was uniformally enforced.
23 May 2019
Why Canadian Courts Hesitate To Recognize "True Questions Of Jurisdiction"
Canadian Courts have always been reluctant to intervene in arbitral decisions. Judicial intervention in an arbitration, either by way of a review or an appeal from the arbitral award, undermines the efficiency of the arbitration process.
27 Mar 2019
Just Because Your Ex Failed To Disclose Assets, Doesn't Mean You Get A Cut
Family lawyers advising their clients inevitably tell them something like this: Provide full financial disclosure to your spouse or your agreement could be set aside.
18 Mar 2019
Defendant Knows Best: Reliance On An Expert's "Superior Knowledge" As A Basis For Postponing The Limitation Period
One of the ways a limitation period can now be postponed in Ontario occurs where a plaintiff relies on the "superior knowledge" of the defendant who is seeking to remedy the plaintiff's loss.
21 Feb 2019
Doing Business In Canada — A Legal Overview
Canada has always been a great place for non-Canadians to do business. Moreover, during the last twenty years, it has stood out among the world's nations as one of the most stable business environments, ...
31 Jan 2019
Section 5(1)(a)(iv) of the Ontario Limitations Act: Not the Broad Provision We all Assumed it to Be
Section 5(1)(a)(iv) of the Ontario Limitations Act, 2002, S.O. 2002, c.24, Schedule B (the "Act") postpones the running of the limitation period where the plaintiff is yet unaware that a legal proceeding would be an "appropriate means" to seek to remedy her loss.
9 Oct 2018
Regulator Can Determine Dispute Process, No Procedural Unfairness Found, Court Rules — Neil Abramson Speaks To The Lawyer's Daily
This decision, it would seem, is rather novel and would similarly seem to have far-reaching implications.
7 Sep 2018
When is an International Arbitration Award "Binding" for the Purposes of Domestic Enforcement?
Successful parties who engage in international commercial arbitration will inevitably want to have the arbitral award recognized and enforced in Ontario. Like its statutory predecessor, the recent International Commercial Arbitration Act, 2017, S.O. 2017, c.2, Schedule 5 (the "ICAA") provides a mechanism for the recognition and enforcement of such awards domestically.
26 Jul 2018
Deference, Deference, Deference: The Effect of Teal on the Standard of Review Applied to Insurance Arbitration Awards
In Teal Cedar Products Ltd. v. British Columbia, 2017 SCC 32, the Supreme Court of Canada drew an important distinction between how the standard of review is applied in appeals from civil matters, as opposed to appeals from an arbitral award.
29 May 2018
Report Recommends That The College Of Physicians And Surgeons Of Ontario Change How It Investigates Complaints And Investigative Reports
The Report begins by highlighting that the CPSO receives the largest number of complaints against physicians of any health regulator in Canada.
18 May 2018
Why Appealing Commercial Arbitration Awards Is An Uphill Struggle
The purpose of commercial arbitration is to bring certainty and finality to a dispute without the need for court intervention.
27 Mar 2018
Achieving Third Party Settlements When Criminal Charges Are Involved
Many family law cases have parallel criminal proceedings. These proceedings may arise from events related to the family law case (domestic assaults, harassment, breach of court orders, etc.) or be totally unrelated.
8 Mar 2018
Appealing A Stay Of Your Arbitral Award? Make Sure You're In The Right Place
After an arbitral award has been issued in a commercial dispute, the parties have limited rights to appeal the award or bring an application to set it aside under the Ontario Arbitration Act, 1991, S.O. 1991, c.17.
8 Feb 2018
Want to Appeal a Commercial Arbitration Award? Make Sure You Secure Broad Rights of Appeal.
One of the main purposes of commercial arbitration is to provide the parties with a final and binding resolution of their dispute.
14 Nov 2017
Appealing Arbitration Awards: Why The Courts' Role Is Limited
When parties arbitrate a dispute, as opposed to pursuing litigation in the Courts, there is an understanding that the arbitration should bring the matter to an end.
16 Aug 2017
Why Do Family Law Cases Settle When They Do?
More than 99 per cent of family law cases settle without a trial. The majority settle prior to the commencement of any litigation.
18 Jul 2017
Think Of Arbitration As A Creative Multi-Tool
Apart from the well-known advantages of arbitration in the resolution of family law disputes, arbitration allows for a number of creative options that can meet the needs of the parties.
8 May 2017
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