Litigation, ADR & Class Actions

All aspects of class action law and practice, as well as jurisprudence and legislation related to dispute resolution, whether it be litigation, arbitration, or mediation in both the domestic and international context, as well as issues surrounding access to justice and the awarding of costs

BARE BONES BRIEFS: LSO accredits mindfulness meditation training for lawyers; New CEO at Arbitration Place; Calling a man “a bald c***” is sexual harassment; Bennett Jones provides scholarships for Indigenous, Black and first-generation law students; Top 5 law firm bulletins

By Julius Melnitzer | June 6, 2022 LSO ACCREDITS MINDFULNESS MEDITATION COURSE In a nod to the growing recognition of well-being’s importance to the profession, The Law Society of Ontario has accredited a mindfulness training course, Toronto Method Mindfulness, developed and led by Ari Kaplan of Kaplan Law. Kaplan, one of Canada’s leading pension law […]

Virtual proceedings: Here to stay but the devil in the details

By Julius Melnitzer | April 2, 2022 With the announcement that Ontario’s family lawyers will return in person to the Superior Court of Justice in April for parts of the divorce process, there’s a growing sense that things are returning to normal — or at least the “new normal.” The problem is, as recent statistics […]

Arbitration Place takes Manhattan, turns pandemic on its head

Kim Stewart, Arbitration Place’s Founder & CEO By Julius Melnitzer | February 24, 2022 A recent press release from the New York International Arbitration Center (NYIAC) downplays its new remote hearing collaboration with Toronto’s Arbitration Place (AP). Maybe it’s American pride, unable to bear the shock that one of the most powerful international dispute resolution […]

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BARE BONES BRIEFS: Judges: counsel still wasting courts’ time | Post-Pandora crackdowns target lawyers | Survey: Lawyers profit most from class actions | Top 5 law firm bulletins & webinars

By Julius Melnitzer | January 10, 2022 JUDGES: LAWYERS STILL SCREWING UP COURTROOM PROCEEDINGS “The file is in a state of near total disarray”: these are nothing less than the opening words in a recent Federal Court judgment. That’s perhaps not surprising in a case where the applicant was unrepresented. But what is surprising is […]

Litigation-help.com gives hope to unrepresented litigants

By Julius Melnitzer | December 17, 2021 While still a law student, Heather Hui-Litwin, founder of Litigation-Help.com, found herself and her husband, a banker, involved in a lawsuit with a contractor. The proceedings dragged on for more than ten years – – – during which legal costs became unaffordable. The couple decided to represent themselves, […]

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BARE BONES BRIEFS: BLG to manage Ivanhoé Cambridge leasing legal services | Study: junior counsel beat senior counsel as often as seniors beat them | Litigation funding fees capped | Judges need safety too | Top law firm bulletins

By Julius Melnitzer | November 11, 2021 IVANHOé CAMBRIDGE IN-HOUSE LAWYERS MOVE TO BLG “In-house” gets new meaning as part of Ivanhoé Cambridge’s (IC) law department moves to Borden Ladner Gervais LLP offices in Montreal and Toronto. All this pursuant to an agreement for BLG to manage legal services for shopping centres owned by IC, […]

Why Canadian companies are preparing for a wave of ESG cases coming their way

By Julius Melnitzer | October 25, 2021 By all accounts, environmental, social and governance (ESG) litigation will soon be flooding Canada’s courts. The international trend, after all, is undeniable: according to the Sabin Center for Climate Change Law at Columbia Law School, more than 1,385 lawsuits seeking relief from climate change, which is but one […]

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BARE BONES BRIEFS: FC dismisses murdered Indigenous women’s class action, certifies class for feds’ negligence to Indigenous in custody | Divisional Court dismisses ‘intrusion upon seclusion’ class action against Equifax | Lawyers fined $33,500 for missing fraud at firm | ICC touts arbitration as part of international minimum tax framework | Best of: law firm bulletins

By Julius Melnitzer | June 25, 2021 MIXED RESULTS IN INDIGENOUS CLASS ACTIONS Indigenous class actions seeking to impose liability for mistreatment on governments and police have achieved mixed results. On June 23, the Federal Court certified a class consisting of Aboriginal persons assaulted by the RCMP while in custody in the Northwest Territories. The […]

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BARE BONES BRIEFS | Advocates’ Society releases final report on future of advocacy | Scrotum sanctions: OCA upholds $150,000 punitives award against employer | SCC to decide whether receivers can disclaim arbitration agreements | OCA: Municipality owes no duty of care to developer | FC: “Budway” weed infringes “Subway” sandwich | Best law firm webinars and bulletins

By Julius Melnitzer | June 14, 2021 Modern Advocacy Task Force releases final report The Advocates’ Society Modern Advocacy Task Force has just released its final report, The Right to be Heard: The Future of Advocacy in Canada. The report identifies four overarching principles: the open court principle, the imperative of access to justice, the […]

Ontario court upholds arbitration clause in employment contract

By Julius Melnitzer | June 11, 2021 An arbitration clause that doesn’t explicitly prohibit a terminated employee from making a complaint to the Ministry of Labour doesn’t offend employment standards legislation, the Ontario Superior Court has ruled. “The ruling will give comfort to employers that Ontario courts will enforce arbitration clauses,” says David Vaillancourt of […]

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