Western Canada Business Litigation Blog

Tag Archives: Alternative Dispute Resolution

BC Court of Appeal Reaffirms Finality of Arbitration Decisions

Posted in Civil Litigation, Civil Procedure
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The recent decision of the British Columbia Court of Appeal in Chriscan Enterprises Ltd. v. St. Pierre, 2016 BCCA 442, reminds those who elect to resolve their business disputes through arbitration that decisions of the arbitrator, even those touching on the fairness of procedures, will generally be final and not subject to review by the… Continue Reading

Finally, the Supreme Court of Canada puts some finality into Arbitrations

Posted in Civil Procedure
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Two of the main benefits of private arbitration are said to be speed and finality. However, the long running case of Sattva Capital Corporation v. Creston Moly Corporation has been a prime example of how court intervention into the arbitration process can lead to arbitration being anything but speedy or final. I first blogged about this case… Continue Reading

Look Before You Leap – Is an Arbitration Agreement Right for You?

Posted in Civil Procedure, Commercial
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The press is riddled with stories concerning perceived problems with the court system.  Various commentators say it is too slow, too expensive and procedurally unwieldy.  These concerns have led some to conclude that arbitration is a better alternative. Arbitration agreements do have risks which parties should understand before agreeing to an alternate form of dispute resolution. The long running… Continue Reading

Is the Future Class Proceedings? – TELUS’ Mandatory ADR Agreement is Unenforceable

Posted in Civil Procedure, Class Actions
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Class proceedings are a powerful tool for consumers and lawyers.  In practical terms, class proceedings allow otherwise uneconomic claims to be brought and often create large monetary exposure to Defendants.  This occurs through aggregation.  If a class proceeding is “certified”, it will “aggregate” all of the claims of a “class” of claimants into one claim. … Continue Reading