January 20, 2023 By Brian Babcock There is no single simple answer to this FAQ. Mediation is rightly popular because in most disputes, the best […]
November 15, 2022 By Brian Babcock THE ISSUE Courts do not generally have jurisdiction to decide upon matters of business judgment. This is referred to […]
November 15, 2022 By Brian Babcock THE ISSUE Unless a submission to arbitration provides otherwise, the Arbitration Act, 1991 only mandates a right to apply […]
May 30, 2022 By Brian Babcock An arbitrator’s award must include reasons which explain clearly how the decision was made. This principle was reviewed and […]
May 13, 2022 By Brian Babcock Until now, arbitration clauses in your commercial contract have likely been one of those “boilerplate” provisions tucked away deep […]
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 […]
August 16, 2021 By Brian Babcock It may be that not all arbitration clauses in employment contracts are unenforceable. The Supreme Court of Canada decision […]
January 8, 2021 By Brian Babcock What happens when an arbitrator commits errors of law and a breach of natural justice which require a new hearing? […]
December 23, 2020 By Nick Melchiorre Careful drafting of your settlement agreements may avoid future grief, legal expense, uncertainty and delay. Poor drafting may even make […]
December 7, 2020 By Brian Babcock In lawsuits, this must be the single most frequently asked question. The only honest answer is “I don’t know.” As […]