Articles 2025

Aujourdʼhui
Aujourdʼhui

Mind The Gaps: Top 5 Things Lenders Should Know About the New Construction Act

  • 14 septembre 2018
  • Edward (Ted) G. Betts

Broad, numerous and significant amendments to the Construction Lien Act (now called the Construction Act) came into force in Ontario on July 1, with more coming on October 1, 2019. These changes will bring about a real culture shift in the construction industry. Are lenders ready for it?

Droit de la construction et infrastructure, Student Forum

Ontario Court of Appeal Summaries (September 4 – 7, 2018)

  • 10 septembre 2018
  • John Polyzogopoulos

In Nasr Hospitality Services Inc. v Intact Insurance, another decision as to the meaning of “appropriate means” under subsection 5(a)(iv) of the Limitations Act, 2002, the Court reiterated that settlement negotiations do not toll the limitation period. Other topics included certification of a class action, the duty of care of auditors to shareholders, a useful refresher on basic principles of the law of evidence, guardianship application and appellate jurisdiction.

Litige civil, Student Forum
Effective Advocacy at Mediation

Effective Advocacy at Mediation

  • 06 septembre 2018
  • Marc Bhalla, mediator and arbitrator

Mediator and arbitrator Marc Bhalla uses case studies to argue that effective advocacy in mediation requires a different approach than advocacy in Court or arbitration.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum
Preparing for Mediation

Preparing for Mediation

  • 06 septembre 2018
  • Stuart Rudner, employment lawyer and mediator

Mediator and lawyer Stuart Rudner observes how preparation for mediation, or lack thereof, can impact settlement. In this article, he provides tips for lawyers on how to maximize settlement opportunities through thoughtful mediation preparation.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Ontario Court of Appeal Summaries (August 27 – 31, 2018)

  • 06 septembre 2018
  • John Polyzogopoulos

Cases this week include 704604 Ontario Ltd. v. Pointes Protection Association, as well as a case stemming from a series of tweets; one that focused on Facebook postings; another involving a doctor who sued a lawyer who posted an email on the Ontario Trial Lawyers Association “Listserv”; an action based on an internet post; and a case about a political candidate who had a 25-year-old criminal conviction.

Litige civil, Student Forum
The Costs of Refusing Mediation

The Costs of Refusing Mediation

  • 05 septembre 2018
  • Mitchell Rose, lawyer/chartered mediator/settlement counsel with SGR LLP

In a recent Ontario Court decision, Canfield v. Brockville Ontario Speedway, a defendant's refusal to participate in non-mandatory mediation had negative cost consequences for the defendant.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum

Online Dispute Resolution: It’s Time to Rethink the Future, While We Still Can

  • 05 septembre 2018
  • Colm Brannigan, mediator and arbitrator, and Conor Brannigan, mediator

When we think of ADR, most practitioners see themselves as working face–to-face with their clients. However on-line dispute resolution (ODR) technologies are quickly becoming part of the “new” mainstream. Our clients, influenced by new on-line tribunals, will demand ODR services. Colin and Colm Brannigan argue that we must learn to “race with the machine” in order to remain competitive in what will soon be a very different marketplace.

Mécanismes extrajudiciaires de règlement des conflits, Student Forum