Mediation, Arbitration & ADR

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OVERVIEW

In today's legal environment, arbitration, mediation, and alternative dispute resolution (ADR) techniques are increasingly attractive ways to resolve disputes in a timely and cost-effective manner. To meet your needs, our Mediation, Arbitration, and ADR Group not only represents parties involved in the process but also provides a highly effective Toronto ADR service as mediators and arbitrators.

SERVICES

As well as successfully resolving many private commercial disputes, our Mediation, Arbitration, and ADR Group has resolved many private and court-annexed mediation disputes. These include:

Our recent office expansion and renovation have added facilities specifically designed for our arbitration and mediation work, including various sizes of boardrooms with adjacent breakout rooms, many wired for advanced telecommunications and the internet. These facilities enable us to customize our ADR services for disputes of varying size and complexity.

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PUBLICATIONS

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Default Causation And Standard Of Proof For A Hypothetical Pre-Trial Loss

First Published in Advocates Quarterly. This paper addresses whether the same principles regarding the “real and substantial possibility” standard of proof apply to a hypothetical past loss claim as they do to a hypothetical future loss claim, and the interplay between the two standards of proof applicable to hypothetical claims: balance of probabilities for the “but for” causation test, and “real and substantial possibility” for damages.

A pleading original A Plea for Simple Pleadings

You have just been sued for breach of contract by a former business partner.

As you skim through a legal document that sets out a laundry list of your alleged failures and faux pas, a few paragraphs jump out at you. Why does the document make reference to an argument over the design of your company's logo? And why is there commentary on the not-so-secret office romance between two of your employees? As far as you can tell, neither of these issues have anything to do with the contract in dispute.

Default Common Interest Privilege: A New Tool in the Litigation Basket

In a recent decision, the Federal Court of Appeal confirmed that common interest privilege (“CIP”) is a principle of Canadian law. This principle is unlike solicitor-client privilege, in that communication between counsel and a third party may be considered privileged if the shared information is to benefit both parties, especially with respect to the furtherance of a commercial transaction. The court overturned a Federal Court decision which held that that CIP is not a principle of Canadian law.