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

Arbitration Place to host Canada Arbitration Week

Arbitration Place Virtual will be hosting the inaugural Canadian Arbitration Week from September 21-25. CanArbWeek 2020 will feature most Canadian and some international arbitration and ADR organizations, who will be showcasing their annual conferences and events.

Bucking the trends: the gentle way to fierce advocacy

August 19, 2020 This is the first in legalwriter.net’s continuing series called Bucking the Trends: Lawyers who make a difference – – – their own way “Gentleman”, “lady”, or “stand-up comic” is rarely found in the lexicon describing the virtues of great counsel. That’s especially true in an era when regulators keep reminding lawyers that […]

Arbitrability of LTD claims in Ontario’s hospital sector heading to Supreme Court

February 26, 2020 The issue of whether long-term disability claims are arbitrable or matters for the court, which has plagued Ontario’s hospital sector for over a quarter of a century, is on its way to the Supreme Court of Canada. “The current state of the law, which denies employees seeking long-term disability benefits under insurance […]

$100M judgment against Bell may signal uptick in pension indexing litigation

February 24, 2020 The Ontario Court of Appeal has ruled that Bell and its related companies, including Bell Canada, Bell Media Inc., Expertech Network Installation Inc. and Bell Mobility Inc., have been miscalculating the cost-of-living adjustment due to their 35,000 pensioners since 2017. The judgment could cost the telecommunications company up to $100 million and signal […]

Paralegal debate: let’s settle for ‘better’ not ‘perfect’ access to justice

Thursday, July 27, 2017 The current debate about paralegal representation in Ontario’s family courts, and the degree of opposition to it in the bar and judiciary, exemplify just how far the profession is removed from reality. The lawyers and judges opposing the change rest their case on the belief that “quality of service” will erode […]

Along with injustices, Nortel saga shows strengths of Canada’s legal system

Friday, July 21, 2017 Some five days after Canada celebrated its 150th birthday, and after almost a decade of litigation, unsecured creditors in the Nortel bankruptcy were scheduled to receive their first distribution of funds from the settlement reached in January. It’s a shame that the distribution of what was left of Nortel, still an […]

Toronto’s Arbitration Place offers alternative to Trump’s America

Monday, September 25, 2017 “Bold” describes the legal profession to about the same extent that “discreet” describes The Donald. But there are exceptions. And there’s a lot to be learned from them. For those eager to escape lawyers’ unique brand of quicksand, from which they innately view opportunity as risk, Arbitration Place (AP) in Toronto […]

Decision highlights CRA’s overzealous tax litigation policy

Monday, November 13, 2017 Sometimes, litigants get so caught up in zealotry that they lose sight of basic underlying factors. That, perhaps, is part of the cost of the adversarial system. But when the zealot is the Crown in a country that faces vexing issues of delays in the court system and access to justice […]

Pensioners of insolvent companies left out of contingency fee debate

Friday, January 05, 2018 Something’s been lost so far in the debate about contingency fees that the Law Society of Upper Canada (LSUC) calls “[protecting] access to justice for the public, while ensuring protection from unscrupulous practices and unreasonable fees.” Unfortunately, what’s been lost are a lot of people. They’re called “pensioners,” a group that […]

Lawyers’ class action over unpaid employment benefits masks regulatory inaction over unauthorized legal services

Deloitte argues its use of such lawyers does not constitute unauthorized provision of legal services March 7, 2018 The strategy driving an employment class action between Deloitte and more than 400 lawyers is masking an issue fundamental to the future of the legal profession. On its face, the case is about whether Deloitte misclassified the […]

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