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Canada Arbitrators

Bennett Jones LLP

Dancing the Two-Step to Appeal an Arbitration Award in Alberta

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In its recent decision in Quanta Canada Holdings II ULC v Bremar Construction Ltd, 2024 ABKB 317, the Alberta Court of King's Bench (the Court) established a principled framework for considering an application for permission...more

Bennett Jones LLP

Court of King's Bench of Alberta Indefinitely Suspends Judicial Dispute Resolution—What’s Next?

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The Alberta Rules of Court require parties to an action before the Alberta Court of King’s Bench to participate in some form of alternate dispute resolution process before they can attend trial....more

Littler

Ontario, Canada’s Divisional Court Confirms Unionized Workplaces May Pursue Human Rights Claims Before Labour Arbitrator or Human...

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In London District Catholic School Board v. Weilgosh, 2024 CanLII 20606 (ON SCDC), the Ontario Superior Court of Justice, Divisional Court (Divisional Court) rejected an employer’s argument that the Human Rights Tribunal of...more

Bennett Jones LLP

Arbitration, Court and Interim Injunctions: The Tricky Issue of Jurisdiction

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The recent Court of King's Bench of Alberta decision in 2329716 Alberta Ltd v. Randhawa [Randhawa] considered whether the court has jurisdiction to hear an interim injunction where the contracting parties agreed to resolve...more

Bennett Jones LLP

The Supreme Court of Canada Rules on Intersection of Insolvency and Arbitration Law

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On November 10, 2022, the Supreme Court of Canada (SCC) issued its much-anticipated decision in Peace River Hydro Partners v Petrowest Corp, 2022 SCC 41, addressing a key intersection of insolvency and arbitration law—whether...more

Littler

Canadian Arbitrator Upholds Mandatory Vaccination Policy for Employees Who Work Indoors

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In Power Workers’ Union v Elexicon Energy Inc., 2022 CanLII 7228 (ON LA) (Elexicon Energy), a union challenged the reasonableness of an electricity distribution company’s mandatory COVID-19 vaccination policy (Policy). ...more

Bennett Jones LLP

Supreme Court Confirms Labour Arbitrators Have Exclusive Jurisdiction Over Human Rights Complaints in Unionized Workplaces

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The Supreme Court of Canada recently confirmed that, subject to express legislative intent to the contrary, where labour legislation provides for the final settlement of disputes arising from a collective agreement, the...more

Littler

Canada: Ontario Superior Court Holds Labour Arbitrator Has Exclusive Jurisdiction to Resolve Dispute Relating to Workplace...

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In De Facendis v. Toronto Parking Authority, the Ontario Superior Court of Justice held that when a claim for workplace sexual harassment and workplace sexual assault “arises under the collective agreement,” a labour...more

Blake, Cassels & Graydon LLP

Arbitrages commerciaux : la Cour suprême de la C.-B. confirme que la partie gagnante a droit au remboursement de ses frais et...

Dans le cadre d’arbitrages commerciaux internationaux, il arrive couramment que la partie gagnante se voie accorder les frais et honoraires d’avocat raisonnables qu’elle a réellement encourus pour plaider l’affaire. La loi...more

Blake, Cassels & Graydon LLP

Winner Takes All: B.C. Court Confirms Indemnification Costs as the Normal Rule in Commercial Arbitrations

In domestic and international commercial arbitrations, it is common for successful parties to be awarded their actual reasonable legal fees and disbursements. The legislation governing domestic commercial arbitrations in...more

Littler

Ontario, Canada: Arbitrator Upholds For-Cause Dismissal of Employee with COVID-19 Who Put Colleagues and Others at Risk

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In Garda Security Screening Inc. v. IAM, District 140 (Shoker Grievance) [2020] O.L.A.A. No. 162 (Garda Grievance), a labour arbitrator dismissed a grievance pertaining to the for-cause dismissal of a unionized employee who...more

American Conference Institute (ACI)

[Webinar] 20th Annual Advanced Administrative Law & Practice - October 28th - 29th, 9:15 am - 5:00 pm EDT

The Canadian Institute’s 20th Annual Conference on Advanced Administrative Law and Practice returns this year, in a fully virtual and interactive format, to help you make sense of these developments, understand how you are...more

Blake, Cassels & Graydon LLP

ICC Looks to Streamline Arbitrations with Amended Rules

The International Chamber of Commerce (ICC) is streamlining its arbitration process to reduce the length and cost of arbitrations and has released amendments to its Rules of Arbitration (ICC Rules), which will come into force...more

Latham & Watkins LLP

International Arbitration Newsletter - July 2016

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Privy Council clarifies the nature of arbitration clauses, but uncertainties about the clauses’ effect still remain. “Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than...more

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