Access to Justice
The courts in Ontario continue to address access to justice in the time of the coronavirus, providing a triage process to determine which matters are considered urgent and should be heard. Video conference arrangements in the courts are evolving. We are mindful that both criminal and family law matters are likely to take priority both now and when traditional hearings become available post-coronavirus.
Moving Litigation Forward Through Arbitration
If you, or your clients, are contemplating civil or commercial litigation by court-based process, because the governing agreement does not provide for arbitration (the so-called pre-dispute arbitration agreement), you should be aware that, except in very limited exceptions, those engaged in a dispute, can nonetheless agree to resolve their disputes by arbitration, whether post-dispute, mid-dispute or when court-based litigation is otherwise being contemplated or on-going.
The roster of arbitrators at Gilbertson Davis LLP Arbitration and Mediation Chambers accept appointment to arbitrate disputes in a wide variety of matters.
What can be Agreed to be Referred to Arbitration
Moving court-based litigation or contemplated litigation to arbitration can include the entire contemplated proceedings; only the remaining proceeding if court-based litigation has been commenced; for part of the proceedings, such as central procedural or core substantive issues only; for limited procedures, such as motions, references, assessments, appeals; or proceeding only until the court resumes hearings at a pre-COVID-19 state.
These are a matter of party autonomy expressed through agreement.
Arbitration at the Pace Parties Require
Through effective Case Management and Procedural Orders, the parties will find that arbitration proceeds at the speed the parties require, while maintaining statutorily ensured fair and equal treatment of all parties.
Remedies in Arbitration
The Arbitration Act provides arbitrators with jurisdiction to award damages, specific performance, injunctions (that do not affect non-parties to the arbitration) and other equitable remedies. Enforcement of Arbitration Awards is dealt with by the courts.
Good Availability and Reasonable Fee Rates
The arbitrators at Gilbertson Davis Arbitration and Mediation Chambers have good availability at reasonable fee rates.
To inquire about arbitrator availability and fee rates, or to request a resume or draft Terms of Appointment, please contact Gilbertson Davis LLP Arbitration and Mediation Chambers through the Intake Coordinator, at 416 979 2020, ext 223, by firstname.lastname@example.org or by using the Arbitrator Availability Inquiry Box located on this webpage, and here.