ADR
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May 29, 2023
How Canadian imams address marital disputes in cases of secular court-ordered divorces
Many Canadian Muslim couples are hesitant to resort to civil legal processes and attempt to resolve their family disputes. Their unique barriers to justice are informed by their religious faith in several ways.
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May 23, 2023
Parenting coordination: Proceed, but with care | AJ Jakubowska
Let’s set the scene. You are counsel in a high-conflict parenting matter for three years now, finally close to inking a parenting plan. Several skirmishes in court, and the input of a counsellor for the children along the way, have informed its content. Now you and the other counsel are wondering “What is next?” for these parents.
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May 12, 2023
Spouses’ deal on property split was binding; Miglin doesn’t apply to all domestic contracts: SCC
In a judgment that gives guidance to courts reviewing domestic contracts, the Supreme Court of Canada has ruled 7-0 that a briefly-married Saskatchewan couple’s post-split domestic agreement to opt out of equally dividing their assets is binding — even though the agreement doesn’t qualify as a presumptively enforceable “interspousal contract” under s. 38 of The Family Property Act (FPA) of Saskatchewan.
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May 11, 2023
Ontario Court of Appeal upholds decision nullifying arbitration agreement
The Ontario Court of Appeal has upheld a decision refusing to grant a stay of an action in favour of arbitration, finding that the contract containing arbitration provisions was void as it lacked consideration.
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May 10, 2023
Ontario Court of Appeal upholds $29.3M arbitral award in energy supplier dispute
The Ontario Court of Appeal has upheld a $29.3-million arbitral award, rejecting arguments by an energy supplier that it was not permitted to present its case during arbitration and that the award was contrary to public policy.
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May 09, 2023
Report finds ‘controversial’ investor-state dispute settlements are increasing globally
Investor-state disputes are now “proliferating around the globe, as business investors are seeking redress for government actions they consider unfair or contrary to investment agreements,” according to a new report from the C.D. Howe Institute, a policy research organization.
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May 02, 2023
Court upholds utilities commission ruling on allocation of integrated operation costs
The Court of Appeal of Alberta has upheld a decision by the Alberta Utilities Commission (AUC) concerning the allocation and recovery of costs incurred by public utilities as a result of integrated operations with rural electrification associations.
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April 27, 2023
Child-inclusive family mediation: Prospects for improved outcomes, reduced costs
As recognized in the 1989 United Nations Convention on the Rights of the Child, there is growing appreciation internationally of the importance of involving children in the making of decisions that affect their lives. In 2021 Canada’s Divorce Act was amended to explicitly provide that children’s “views and preferences” are to be considered in making post-separation parenting arrangements.
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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.