ADR
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April 19, 2023
Court upholds arbitrator’s jurisdiction in distributor-manufacturer dispute
The Ontario Court of Appeal has upheld a decision ordering a stay in a dispute between a distributor and a manufacturer, finding that the distributor’s challenge to the arbitrator’s jurisdiction may be resolved by the arbitrator under the Arbitration Act.
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March 27, 2023
Ontario court overturns international arbitral award over bias concerns
The Ontario Superior Court of Justice (Commercial List) has overturned an international arbitral award finding a reasonable apprehension of bias, as the arbitrator failed to disclose that he had been retained for another arbitration by a lawyer involved in the matter.
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March 13, 2023
Justice Brown says ‘evidence’ he gave judicial council ‘corroborates’ his account of altercation
Supreme Court of Canada Justice Russell Brown says he has given the Canadian Judicial Council (CJC) undisclosed evidence corroborating that allegations about his conduct related to an altercation in which the judge was physically assaulted in Arizona last January are “demonstrably false.”
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March 07, 2023
SCC discloses Chief Justice Wagner put Justice Brown on leave of absence due to CJC complaint review
The disciplinary body for Canada’s 1,180 superior court judges has announced that it is investigating a Jan. 29 complaint made against Supreme Court of Canada Justice Russell Brown, who Law360 Canada first revealed had been on an unexplained leave of absence from the top court since Feb. 1.
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February 06, 2023
Letter from the Editor: The Lawyer’s Daily is now Law360 Canada
I am excited to announce that The Lawyer’s Daily is now Law360 Canada. The decision to launch a Canadian edition of the prestigious Law360 news brand reflects our commitment to create a market-leading offering for premium legal news worldwide while maintaining local news, on-the-ground reporting and expert analysis in Canada.
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February 02, 2023
Come to family mediation with bridge-building tools | AJ Jakubowska
Selling the idea of mediation to family law clients can be a challenge. Reasons for skepticism or even resistance cited by people facing relationship-related disputes include: “It will be a waste of time because the other side is not reasonable” or “We are already in court and a judge can make a decision so why should I spend money on another process?”
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December 20, 2022
System reform will not work without buy-in from family law lawyers, part two | AJ Jakubowska
Before I share my thoughts on steps family law lawyers must take to help reform our ailing family law system, I am reissuing Tom Dart’s initial invitation to a dialogue. As I said in part one of this series, words and articles are not enough. Family law lawyers are central stakeholders in the system delivering family law services of Ontario’s public. Without our active participation in reform, no change will come.
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December 16, 2022
System reform will not work without buy-in from family law lawyers | AJ Jakubowska
Earlier this month we were treated to a two-part invitation to a dialogue, by one of the pioneers of family dispute resolution (FDR) in Ontario — Tom Dart (“The high cost of family law legal services and need for change;” “The high cost of family law legal services and need for change — part two”). His points are set out in his usual calm and organized style, and he makes a number of vital and thought-provoking observations.
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November 30, 2022
Private-based mediation in family disputes: Mediator and client experiences
There is a crisis in family law across the country. Courts are backlogged, family law lawyers are busier than ever, and post- separation parent-child relationships are caught in a never-ending spiral of less-than-timely and outright lack of mental health services.
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November 29, 2022
Paralegals in family law first step in much needed reform | Geoffrey J. Carpenter
On Dec. 1, the Law Society of Ontario’s Convocation will vote on the Family Law Service Provider proposal (“FLSP”). The project originated in 2016 with Justice Annemarie E. Bonkalo’s Family Legal Services Review, which led to a law society consultation paper in 2020. There has been significant feedback from the family law bar — which has staunchly opposed permitting paralegals to practise family law.