ADR
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May 18, 2017
LIENS - Enforcement of lien - Arbitration
Application by the defendant, Tata Steel Minerals Canada (Tata Steel), for a stay of the action by the plaintiff, AECOM Consultants, pending arbitration. In 2011, the plaintiff contracted with the defendant for provision of engineering, procurement and construction management services. In 2015, the plaintiff registered a mechanics' lien in the amount of $5.7 million to secure payment under the contract. In 2016, the plaintiff commenced litigation to enforce the lien. On the same day, the plaintiff filed a notice of arbitration. Tata Steel sought a stay of the litigation on the basis the plaintiff could not proceed in two separate forums simultaneously. At issue was whether the mechanics' lien action should be stayed pending arbitration to determine any monies owed under the parties' contract. The plaintiff opposed a stay on the basis it never contracted to forego its lien claim rights, the litigation addressed matters and sought remedies outside of the arbitrator's jurisdiction, and that they were one of several lien claimants involving the defendant.
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May 11, 2017
Horowitz v. Nightingale: the end of secondary arbitration?
Lawyers, mediators and judges often include in their family law settlements or orders a term that issues regarding the interpretation, implementation, or future variation of the settlements or orders shall be determined through mediation/arbitration with a mediator/arbitrator to be agreed upon by the parties. This can be an effective mechanism to resolve issues that arise subsequent to the settlement or order. However, a recent decision by the Ontario Superior Court has thrown into doubt the viability of this process.
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May 09, 2017
Dentons bolsters Hungary presence with promotions
Dentons has strengthened its platform in Hungary and the central and southeast Europe regions with the recruitment and promotion of several legal professionals, including the creation of two new partners.
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May 08, 2017
Former Supreme Court justice joins Osler
Marshall Rothstein, former justice with the Supreme Court of Canada, is joining Osler, Hoskin & Harcourt LLP's Vancouver office.
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May 05, 2017
Crawley MacKewn Brush promotes Markiewicz to counsel
Anna Markiewicz has been promoted to counsel at Crawley MacKewn Brush LLP. She will continue her practice in corporate/commercial and securities litigation.
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May 01, 2017
Twelve Canadians among 45 promoted globally by Norton Rose Fulbright
Twelve Canadians were among the 45 promotions worldwide announced by global law firm Norton Rose Fullbright, including 41 partners and four promotions to the South African equivalent of director.
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April 27, 2017
Emotional intelligence and the art of negotiation
A few years according to negotiator coach Jim Camp, neuroscientist Antonio Damasio made a ground-breaking discovery. He studied people with damage in the part of the brain where emotions are generated. He found that they seemed normal, except there was one peculiarity, not only were they unable to feel emotions, they were also unable to make decisions. According to Camp, this finding has enormous implications for lawyers who spend most of their time negotiating. Lawyers who believe they can build a case for their side using reason and logic alone are doomed to be poor negotiators as they don’t understand or appreciate that the real factors driving the other party to come to a decision, aren’t based on logic, but rather on emotion.
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April 25, 2017
Fasken adds two partners to Quebec City office
Fasken Martineau announced that two new partners, Carl Tremblay and Kateri-Anne Grenier, have joined its Quebec City office, becoming members of the corporate/commercial and litigation and dispute resolution groups, respectively.
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April 20, 2017
Saskatchewan academic to head UNB law school
John Kleefeld will soon be joining the University of New Brunswick as professor and dean of law.
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April 19, 2017
DLA Piper adds litigation associate
Meghan Pohl has joined DLA Piper LLP’s Toronto office as an associate in the litigation, arbitration and investigations group.