ADR
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August 04, 2023
Letter from the Editor: Addition of Law360 Canada Pulse and Access to Justice Newsletter
I am happy to announce some exciting new enhancements to Law360 Canada, all at no additional cost to subscribers. Pulse is a new section for Law360 Canada, focused on the business of law. This section combines all the content from our previous Business of Law, Insider and Legal Innovation sections into one enhanced section. Pulse includes a frequent newsletter, delivered to your inbox multiple times per week, covering industry trends, best practices and exclusive surveys of Canadian legal professionals.
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August 03, 2023
Ontario court stays action in favour of arbitration in shareholder dispute
The Ontario Superior Court has granted a stay in favour of arbitration in an action involving allegations of fraudulent misrepresentation and breach of contract related to a share purchase agreement.
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July 28, 2023
Online mediation makes an efficient system even better | Avril Hasselfield and Susan Rai
Mediation is arguably the best way to settle legal disputes in a timely and cost-effective manner, especially when it is done online.
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July 24, 2023
Eyes turn to Supreme Court of Canada’s western vacancy after close of applications
Before applications for the Supreme Court of Canada’s western and northern vacancy closed July 21, Law360 Canada spoke with lawyers, judges and academics about which qualified jurists might be appointed to the seat on the top court vacated last month by former justice Russell Brown.
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July 19, 2023
Legal experts question trailblazing AI disclosure directives from Canadian courts
Legal experts in professional ethics and computer science are questioning the recent trailblazing moves of two Canadian trial courts that issued novel practice directions requiring lawyers and litigants to disclose to the bench any use of “artificial intelligence” (AI) in their legal research and court submissions.
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July 13, 2023
Chief justice says disclosure directive aims at generative AI-aided legal research, submissions
As Canada’s courts and tribunals consider what oversight they might give to the growing use of artificial intelligence (AI) in legal proceedings, the country’s smallest superior trial court has forged ahead with a broad practice directive requiring lawyers and litigants to inform Yukon’s Supreme Court of any reliance on AI in their preparation of legal research or court submissions.
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July 07, 2023
Court refuses stay of action for unpaid fees, citing exclusion from arbitration clause
The Ontario Superior Court has rejected a motion seeking a stay on an action for unpaid fees in favour of arbitration, finding that the claim was not subject to an arbitration clause under an agreement between the parties.
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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.