ADR
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August 24, 2023
Ottawa ‘saves’ millions by making tardy judicial appointments; average delay 11 months in 2023
The Trudeau government has taken an average of 11 months to fill dozens of empty spots on the bench so far this year, discloses a Law360 Canada examination of 435 judicial vacancies, which reveals as well that Ottawa “saves” the federal treasury tens of millions of dollars annually, on average, by not making timely judicial appointments.
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August 23, 2023
Court: Arbitrator to determine inclusion of corporate lenders in project dispute
The Ontario Superior Court has ruled that an arbitrator should decide whether corporate lenders owned by individual co-owners of a project should be required to be parties to arbitration regarding project contributions.
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August 11, 2023
Family mediators shunning Quebec government program offering free mediation
A Quebec government proposal to increase the hourly fees of family mediators for the first time in more than a decade is far from sufficient to stem the exodus of professionals participating in the government program that offers free family mediation, affirms the head of a mediation organization.
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August 08, 2023
Court rejects appeal regarding arbitration clause in video game terms of service
The British Columbia Court of Appeal has dismissed an appeal concerning an arbitration clause in a case where the appellants spent money on loot boxes for potential prizes found in the video game Pokémon Go.
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August 04, 2023
Letter from the Editor: Addition of Law360 Canada Pulse and Access to Justice Newsletter
I am happy to announce some exciting new enhancements to Law360 Canada, all at no additional cost to subscribers. Pulse is a new section for Law360 Canada, focused on the business of law. This section combines all the content from our previous Business of Law, Insider and Legal Innovation sections into one enhanced section. Pulse includes a frequent newsletter, delivered to your inbox multiple times per week, covering industry trends, best practices and exclusive surveys of Canadian legal professionals.
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August 03, 2023
Ontario court stays action in favour of arbitration in shareholder dispute
The Ontario Superior Court has granted a stay in favour of arbitration in an action involving allegations of fraudulent misrepresentation and breach of contract related to a share purchase agreement.
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July 28, 2023
Online mediation makes an efficient system even better | Avril Hasselfield and Susan Rai
Mediation is arguably the best way to settle legal disputes in a timely and cost-effective manner, especially when it is done online.
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July 24, 2023
Eyes turn to Supreme Court of Canada’s western vacancy after close of applications
Before applications for the Supreme Court of Canada’s western and northern vacancy closed July 21, Law360 Canada spoke with lawyers, judges and academics about which qualified jurists might be appointed to the seat on the top court vacated last month by former justice Russell Brown.
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July 19, 2023
Legal experts question trailblazing AI disclosure directives from Canadian courts
Legal experts in professional ethics and computer science are questioning the recent trailblazing moves of two Canadian trial courts that issued novel practice directions requiring lawyers and litigants to disclose to the bench any use of “artificial intelligence” (AI) in their legal research and court submissions.
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July 13, 2023
Chief justice says disclosure directive aims at generative AI-aided legal research, submissions
As Canada’s courts and tribunals consider what oversight they might give to the growing use of artificial intelligence (AI) in legal proceedings, the country’s smallest superior trial court has forged ahead with a broad practice directive requiring lawyers and litigants to inform Yukon’s Supreme Court of any reliance on AI in their preparation of legal research or court submissions.