ADR
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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.
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June 15, 2017
Justice minister announces judicial appointments in B.C., Ontario
Justice Minister Jody Wilson-Raybould on Wednesday announced four appointments to the Supreme Court of British Columbia and one to Ontario’s Superior Court of Justice under the federal government’s new judicial application process.
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June 15, 2017
U.S. Chamber pushes for mandatory disclosure in third party litigation funding
The U.S. Chamber of Commerce and its affiliated Institute for Legal Reform, along with more than two dozen business groups and legal organizations, have submitted a controversial letter calling for the mandatory disclosure of third party litigation funding arrangements (TPLF) in any civil action filed in U.S. federal court.
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June 14, 2017
Mediators becoming first choice of self-represented spouses
Family disputes, and the court process, have changed in recent decades. The Ontario government review of the family court system, which review came out in 2017, by Justice Annemarie Bonkalo, found that more than 57 per cent of Ontario litigants in the family court system in 2014-15 were self-represented, according to government statistics. This is different than in previous decades.
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June 13, 2017
BINDING ARBITRATION - Practice and procedure
Appeal by the plaintiff, Miller Sales & Engineering, from an order staying its action. The plaintiff designed industrial pumping systems for dewatering mines. The defendant manufactured pumps. In 2003, the parties entered into a distributor agreement pursuant to which the defendant agreed to supply various products for distribution by the plaintiff. In 2006, the plaintiff entered into an agreement with another party under which it was to design and supply a dewatering system to be used in a mining operation. In accordance with the distributor agreement, the plaintiff purchased from the defendant a specially designed series of 12 pumps. In 2009, the other party raised concerns regarding the dewatering system, particularly with the design and performance of the pumps. The other party sued the plaintiff, who defended and third-partied the defendant. The plaintiff and the other party settled and the other party assigned its interest in any cause of action to the plaintiff. The claim was then amended. The defendant applied to dismiss or stay the claim on the grounds that the distributor agreement contained an arbitration clause that governed all disputes. The plaintiff argued that the dispute was an assigned claim between the other party and the defendant and therefore the arbitration clause did not apply. The chambers judge found that the parties were bound to arbitrate by virtue of a clause in the distribution agreement. As a result, he stayed the action. The plaintiff appealed, arguing that the chambers judge failed to give legal effect to the settlement agreement and the assignment, which led him to erroneously conclude that the litigation flowed directly from a dispute between the parties and therefore fell under the arbitration clause.
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June 07, 2017
Dentons appoints Kubina as Slovakia managing partner
Dentons has announced the appointment of Peter Kubina as Slovakia managing partner.
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June 07, 2017
Ontario seeks to modernize Construction Lien Act
Ontario is proposing major changes to the province’s Construction Lien Act to modernize the province’s construction lien and holdback rules, create a prompt payment system to ensure timely payment for contractors, subcontractors and workers and expedite dispute resolution.
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June 02, 2017
Order of the Ancient Commoner goes to Halifax lawyer
Kevin Gibson, a partner in the Halifax office of McInnes Cooper, can add the Order of the Ancient Commoner to his list of achievements.
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May 30, 2017
Wood joins Polley Faith as an associate
Polley Faith LLP announces that Timothy Wood has joined the firm as an associate. Wood's practice includes civil, regulatory and criminal matters.
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May 24, 2017
Dentons plans combination with Peruvian law firm
Dentons has announced it hopes to form a combination with Gallo Barrios Pickmann in Peru, one of the strongest and fastest-growing economies in Latin America.