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March 27, 2024
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
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
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
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
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.
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December 08, 2023
Two months after Hamas’ murderous Oct. 7 attack in Israel, more than 80 Canadian law firms have signed an open letter asking law deans here to show “zero tolerance for any form of racism, discrimination, or harassment” on their university campuses, where some students and professors have expressed support for Hamas and some Jewish students have experienced harassment, intimidation and violence.
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December 07, 2023
To help reduce wait times and backlogs of immigration applications to Canada from around the world, the federal Department of Immigration, Refugees and Citizenship Canada (IRCC) has opened a new “global operations centre” in Romania within the Canadian embassy in Bucharest.
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December 05, 2023
Justice Marie-Josée Hogue, the Quebec Court of Appeal judge who heads the commission of inquiry into foreign interference in federal electoral processes and democratic institutions, has green-lit 22 groups and individuals to participate as parties or interveners in the public inquiry, disclosing she also expects to issue a decision soon on requests for funding for lawyers applied for by some of those who were granted standing.
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December 05, 2023
The Liberal government appointed a few more women than men to the federal benches in the past year, although men were rated “highly recommended” by the country’s 17 independent judicial advisory committees (JACs) a bit more often, according to annual data disclosed by the Office of the Commissioner for Federal Judicial Affairs Canada.
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December 05, 2023
The emerging field of litigation finance is fairly new to Canada, helping to litigate commercial cases at both the domestic and international levels. This practice exists to help companies mitigate risk, see their case through and get a second opinion, as many who work in the field are former Supreme Court clerks.