ADR
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July 07, 2023
SCC considers possible practice direction on use of AI in top court as more trial courts weigh in
The Supreme Court of Canada is among the courts mulling whether and what practice direction to issue to counsel and litigants about the use of artificial intelligence (AI) tools in the preparation of Supreme Court materials, after two superior trial courts recently required disclosure to the bench of AI used in court submissions.
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June 30, 2023
New parenting co-ordination case law: Clarifying or confusing?
Parenting co-ordination (PC) is a wonderful resource for parents who need help settling post-parenting plan disputes. It can be highly successful for parents and children alike where the service is designed to meet the needs of the family, the child’s voices are heard and the cost is affordable.
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June 29, 2023
Red flags raised over proposed changes to Quebec judicial appointment process
Quebec leading legal actors have raised red flags over draft regulations that will “dramatically” change the provincial judicial appointment process as it will potentially make it more vulnerable to politicization; increase the justice minister's discretionary power in the selection process; ostensibly undercut the institutional judicial independence of the courts; and will apparently render the procedure more cumbersome and time-consuming, all of which risks undermining public confidence in the courts.
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June 27, 2023
Federal Court of Appeal upholds arbitration referral in copyright dispute
The Federal Court of Appeal has upheld a decision that referred a copyright infringement dispute to arbitration, finding that streaming service providers did not waive their right to arbitration by filing a statement of defence.
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June 20, 2023
Prime Minister Trudeau opens applications for SCC vacancy to western and northern jurists
Prime Minister Justin Trudeau kicked off the Supreme Court of Canada application process that will culminate in the appointment of a Western or Northern Canadian successor to Justice Russell Brown, who quit the top bench June 12.
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June 12, 2023
SCC’s Russell Brown quits amidst judicial council conduct investigation; opens up Western vacancy
Alberta’s Justice Russell Brown has quit the Supreme Court of Canada in the midst of a Canadian Judicial Council (CJC) investigation into a widely publicized misconduct allegation against him related to a late-night physical altercation involving an American complainant — opening up a Western vacancy on the nine-member top court, which has been shorthanded since last February.
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June 02, 2023
Court dismisses appeal where Russia was allowed to introduce new evidence
The Ontario Court of Appeal has dismissed an appeal against Russia brought by a Cyprus company. Both parties engaged in arbitration in the province where the tribunal found it had jurisdiction to hear matters concerning the company’s claim where it was seeking US$701 million in damages for Russia allegedly not adhering to a United Nations treaty.
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May 29, 2023
How Canadian imams address marital disputes in cases of secular court-ordered divorces
Many Canadian Muslim couples are hesitant to resort to civil legal processes and attempt to resolve their family disputes. Their unique barriers to justice are informed by their religious faith in several ways.
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May 23, 2023
Parenting coordination: Proceed, but with care | AJ Jakubowska
Let’s set the scene. You are counsel in a high-conflict parenting matter for three years now, finally close to inking a parenting plan. Several skirmishes in court, and the input of a counsellor for the children along the way, have informed its content. Now you and the other counsel are wondering “What is next?” for these parents.
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May 12, 2023
Spouses’ deal on property split was binding; Miglin doesn’t apply to all domestic contracts: SCC
In a judgment that gives guidance to courts reviewing domestic contracts, the Supreme Court of Canada has ruled 7-0 that a briefly-married Saskatchewan couple’s post-split domestic agreement to opt out of equally dividing their assets is binding — even though the agreement doesn’t qualify as a presumptively enforceable “interspousal contract” under s. 38 of The Family Property Act (FPA) of Saskatchewan.