ADR
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July 05, 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. Since most family law clients enter the process seeking an early settlement of the case, it is worth considering why more cases do not settle without the need for intervention of a third party in the form of a mediator or a court.
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June 30, 2017
Don’t overlook the arbitration solution to commercial court delays
Given the current crisis in commercial court delays, the time has come for counsel and parties to consider arbitration in all tort, family and other disputes that will likely go to trial and that are ready for early resolution.
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June 26, 2017
Justice minister appoints two new judges to Quebec's Superior Court
Justice Minister Jody Wilson-Raybould announced on June 23 the appointment of two new judges to Quebec's Superior Court. Sitting judges will fill four vacancies on the Superior Court and the Quebec Court of Appeal.
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June 23, 2017
McCarthy's Doust honoured for criminal, commercial law work
Leonard Doust, associate counsel in McCarthy Tétrault’s litigation group, received special honours for 50 years of practice and outstanding contributions to the criminal law profession at the Canadian Bar Association's Vancouver Criminal Law Subsection annual dinner on June 22.
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June 22, 2017
SCC revisits standards of review, appeals of arbitration awards
The Supreme Court has shed more light on when commercial arbitral awards can be appealed in an important judgment that also provides general guidance on how to determine the standard of review in all types of civil cases.
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June 22, 2017
BINDING ARBITRATION - Submission to arbitration - Arbitrators - Powers and duties - Jurisdiction – Appeals - Deference to expertise of arbitrators - Jurisdiction of court to review
Appeal by Teal Cedar Products Ltd. (Teal) from a judgment of the British Columbia Court of Appeal confirming a judgment setting aside the decision of the British Columbia Supreme Court which partially upheld an arbitrator’s decision. The province of British Columbia and Teal were unable to settle how much compensation the province owed to Teal for reducing the latter’s access to certain improvements on Crown land which it used to harvest timber. Consequently, their dispute was submitted to arbitration as required by the Forestry Revitalization Act (Act). In order to determine the proper valuation method for Improvements Compensation, the arbitrator chose the Depreciation Replacement Cost Method because it was the only valuation methodology that determined Improvements Compensation separately from harvesting rights compensation, in keeping with their separate treatment in the act. The arbitrator held that Teal was entitled to interest on the Improvements Compensation, despite the No Interest Clause contained in the Settlement Framework Agreement, in light of the factual matrix of the parties’ failed settlement negotiations. The British Columbia Supreme Court essentially confirmed the arbitrator’s decision, only remitting the issue of Improvements Compensation for one of Teal’s timber supply areas, that of Lillooet. The British Columbia Court of Appeal ruled that the arbitrator’s award was, in this respect, both incorrect and unreasonable because it provided a “substantial publicly financed windfall” divorced from Teal’s actual financial loss. On the Interest Issue, the Court of Appeal opined that the arbitrator had made a legal error that gave the courts jurisdiction because he let the factual matrix overwhelm the Settlement Framework Agreement, despite the latter’s clear wording. The decision of the Court of Appeal on remand was silent in respect of the Lillooet Issue. The appeal involved two key interpretation issues, namely whether the arbitrator erred in law by: (1) interpreting the Depreciation Replacement Cost Method as being consistent with the act (the Valuation Issue); and (2) interpreting the Amended Settlement Framework Agreement as including interest in the province’s Improvements Compensation payment to Teal (the Interest Issue). This appeal also involved a statutory application issue, namely whether the arbitrator erred in law by denying Improvements Compensation to Teal when he applied his chosen methodology to the Lillooet Licence (the Lillooet Issue).
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June 19, 2017
Nova Scotia Barristers' Society new leadership announced
The Nova Scotia Barristers’ Society announced its new leadership for the coming year at its annual meeting on June 17.
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June 15, 2017
Fasken's Schwartz to receive OBA award
Fasken Martineau announced that Toronto partner Alan M. Schwartz will receive the Ontario Bar Association’s Award for Excellence in Taxation Law. He is to be honoured at a dinner on June 21, 2017.
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June 15, 2017
Law society to honour ex-judge Nolan at call to bar ceremony
The Law Society of Upper Canada will present an honorary doctorate of law degree to former judge Mary Jo M. Nolan at its call to the bar ceremony in London, Ont., on June 19.
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June 15, 2017
Dentons partner named to International Court of Arbitration
Aigoul Kenjebayeva, Dentons’ managing partner for Kazakhstan and Central Asia, has been appointed a member of the International Court of Arbitration of the International Chamber of Commerce.