Royalty Agreements – Arbitrate or Litigate?
November 13, 2021 By Brian Babcock Despite the complexity of mining royalty agreements, if they contain an arbitration clause, Ontario courts are likely to stay any court proceedings and defer to arbitration. This is consistent with the recent trend to defer commercial disputes to arbitration generally, if that is what the parties agreed to in […]
Answering the Right Question
November 13, 2021 By Brian Babcock An administrative decision maker must form a reasonable opinion, but that opinion must also answer the correct question under the governing statute and regulations. A court conducting judicial review will not decide the question fresh and substitute its own view as to what is the correct answer. That is […]