Click Here for our Webpage on Moving Litigation to Arbitration 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 … Read More
Expedited Arbitration Arbitrators
Expedited Arbitration Sole Arbitrator – from $495.00 per hour, plus HST Sometimes an arbitration clause provides for expedited arbitration proceedings, with time limits by stated duration for claims submissions (pleadings), discovery of documents (by request) and an early arbitration hearing date and award publication. Agreed Expedited Arbitration On other occasions the arbitration clause does not provide expressly for an expedited arbitration procedure, but neither does it prohibit that. If the parties agree, then an expedited arbitration procedure or simplified arbitration procedure for the arbitration can be directed by the arbitrator. An expedited arbitration procedure will usually be agreed at the preliminary, or first, meeting and result in a procedural order covering the entire duration of the expedited arbitration from exchange of written submissions (pleadings) up to the date of the hearing and publication of the award. Some Reasons for an Expedited Arbitration There are lots of reasons the parties may … Read More
Remote Arbitration Hearings | Remote Court Hearings – Emerging Protocols for COVID-19 / Coronavirus
“It is the duty of all the parties to seek to co-operate to ensure that a remote hearing is possible.” ~ Justice Teare (Commercial Court, a Queen’s Bench Division of the High Court of Justice, England and Wales) Protocols on the use of video conferencing in arbitration and court hearings are emerging: Remote Arbitration Hearings The Seoul Protocol on Video Conferencing in International Arbitration was drafted and discussed by a panel of arbitration practitioners in 2018, consisting of Kap-You (Kevin) Kim as moderator (Partner, Peter & Kim), Yu-Jin Tay (Partner, Mayer Brown), Ing Loong Yang (Partner, Latham & Watkins LLP) and SeungMin Lee (Partner, Shin & Kim), and has been revised to reflect comments from the Seoul International Dispute Resolution Center (released March 18, 2020). Remote Court Hearings The Ontario Superior Court of Justice Practice Directions and Notices regarding COVID-19 (updated March 31, 2020) has published the Notice Regarding Videoconference … Read More
Arbitration & Court Closure Due to COVID-19 / Coronavirus
Litigants and lawyers requiring timely resolution of disputes and who have no or limited access to the courts for trials or other hearings because of COVID-19 / Coronavirus related court closures, or for whom a public court-centered proceeding is inappropriate, may wish to consider arbitration as an alternative to litigation. In-person, video or teleconferencing determinations of arbitrated disputes at reasonable rates can resolve procedural and substantive issues more quickly than our courts in the current COVID-19 / Coronavirus related crisis, and very often in ordinary circumstances where congested dockets unfortunately preclude expedited case determinations. With the consent of the parties to litigation, and at virtually any stage of the litigation, an ad hoc arbitration can be arranged. Arbitration may be the forum best suited to the resolution of your dispute across a broad range of practice areas. Please see the Gilbertson Davis LLP Arbitration & Mediation Chambers webpage, and other … Read More
Contract Arbitrator – Event Cancellation Dispute Arbitrator, Force Majeure Clause Dispute – Reasonable Fees and Good Availability – Gilbertson Davis LLP Arbitration and Mediation Chambers
Contract Dispute Arbitrator Sole Arbitrator – $495.00 per hour, plus HST An arbitrator, or an arbitration tribunal, obtains jurisdiction to adjudicate and decide a dispute from an agreement / contract which has been made by the parties to the arbitration. This jurisdiction is not typically provided by legislation, though there are exceptions, such as the arbitration provision deemed by statute to be included in a condominium declaration. Even if there is no arbitration clause in the contract or agreement made by the parties and a dispute arises, then parties to that contract may still agree to have their dispute determined by arbitration. The parties to a contract may prefer to have a dispute determined by arbitration, since it is presumptively a confidential process, it may be faster and less expensive than going to court, or they may wish to participate in the selection of the adjudicator. Common Contractual Issues Arbitrated … Read More
When Shareholders Need an Auditor or Inspector
I address here in a general way the procedures available for a shareholder or group of shareholders seeking the assistance of the court to have an auditor or inspector appointed. Financial Statements – None or Inaccurate Shareholders in closely-held Ontario corporations sometimes have concerns about the accuracy of the financial statements when the company does not have an auditor. Oppressive or Unfairly Prejudicial Conduct In other cases, a shareholder in an Ontario corporation may consider that the corporation has been carried on, or the powers of the directors are, or have been, exercised, in a manner that is oppressive or unfairly prejudicial to, or that unfairly disregards, the interests of the shareholder. Corporation and Fraud One or more shareholders may have concerns that the corporation’s business is, or has been, carried on with the intent to defraud, that the corporation was formed or dissolved for a fraudulent or unlawful purpose, … Read More
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