ADR
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April 24, 2024
Barriers to a legally binding, global treaty on plastic pollution are mounting, say lawyers
Achieving a global, legally binding treaty to draw down pervasive plastic pollution is becoming increasingly difficult as successive and more “bloated” drafts of the agreement are negotiated, says a lawyer with Ecojustice Canada.
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April 23, 2024
Feds appoint Industrial Inquiry Commission on West Coast ports’ long-shoring disputes
Federal Minister of Labour Seamus O’Regan Jr. has announced the appointment of an Industrial Inquiry Commission regarding the underlying issues present in long-shoring labour disputes at the ports on the West Coast.
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April 23, 2024
B.C. Court of Appeal upholds order referring ad price-fixing dispute against Google to arbitration
The B.C. Court of Appeal has upheld a lower court decision favouring arbitration of a proposed class action against internet giant Google over allegations that it engaged in anti-competitive practices to artificially maintain the price of Google search ads above competitive market rates.
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April 08, 2024
Court quashes decision requiring reinstatement of employees terminated for workplace harassment
The Ontario Superior Court has overturned a decision requiring the reinstatement of employees terminated for sharing explicit text messages about a co-worker on a group chat and rejected the conclusion that the employer could not investigate the issue without a formal complaint.
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April 04, 2024
N.S. Court of Appeal finds arbitrator’s decision on union agreement to be unreasonable
The Nova Scotia Court of Appeal has upheld a decision quashing an arbitral finding that the Nova Scotia Health Authority’s decision not to increase the hourly wage for certain employees in line with other employees was unreasonable.
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March 27, 2024
Ontario Court of Appeal: Constructive fraud not grounds to set aside arbitral award
An arbitral award cannot be set aside on the basis of constructive fraud, the Ontario Court of Appeal has held, finding that an application judge erred by interpreting the term “fraud” under the Arbitration Act to include constructive fraud.
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March 21, 2024
Does subject matter expertise matter? | Avril Hasselfield
The law is complex, with each area having its own nuances. It is in a client’s best interest to retain an experienced mediator to help them settle their disputes, but is it also necessary to have a mediator who is an expert in the subject matter being litigated?
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February 13, 2024
SCC’s output fell to 34 judgments in 2023, renewing questions, concerns within the bar
Is the Supreme Court of Canada giving enough legal guidance to Canadians, particularly in private law cases? It’s a question simmering within the legal community, one that attracts the attention of academics and litigators and that might benefit from the court shedding some light, especially because the numbers of cases the nine judges hear and decide have been trending down for more than a decade, without explanation.
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February 08, 2024
Barring intervener counsel from pleading in person at SCC ‘improves access to justice’: CJ Wagner
The Supreme Court of Canada’s controversial policy of restricting intervener counsel to virtual appearances, rather than giving them the same hybrid option as party counsel to appear in person before the judges, “offers substantial savings, especially to those farthest from Ottawa” and “as such levels the playing field and improves access to justice,” Chief Justice of Canada Richard Wagner told the Canadian Bar Association (CBA).
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January 18, 2024
‘Cookie cutter’ solutions almost never work, lawyer says in response to Alberta family law changes
The Alberta government has unveiled a new strategy it says will help resolve family law issues faster — a strategy which has garnered a mixed response from members of the family bar, with some saying it will increase the number of cases being resolved outside of court and others raising concerns it may put up barriers to people getting in front of a judge.