Who Decides If There Is An Appeal From A Court Order Requiring Arbitration: The Parties Or The Court?
One of the first issues that can arise in a dispute is whether arbitration or court proceedings must be pursued. The issue will often arise
One of the first issues that can arise in a dispute is whether arbitration or court proceedings must be pursued. The issue will often arise
In January 2013, a Working Group of the Uniform Law Conference of Canada (“ULCC”) issued a Discussion Paper with respect to proposals for a new
The Supreme Court of Canada has recently refused leave to appeal in Trevor Nicholas Construction Co. Ltd. v. Canada. In doing so, it has upheld
If an arbitration agreement states that there is to be no appeal from the award under the agreement, can a party seek judicial review on
Bonds and other forms of guarantees and indemnities are commonly used on construction projects. If a contractor applies for a performance bond, the bonding company
Is a party to a contract obligated to mitigate its damages at the same time that it is asking the court to order specific performance?
The recent decision of the Australia High Court in Andrews v. Australia and New Zealand Banking Group Ltd. is important for the building industry. While
A: OVERVIEW The decision of the Supreme Court of Canada in Progressive Homes Ltd. v. Lombard General Insurance Co of Canada[1] is a seminal decision
When the court pierces the corporate veil of a corporation, can another party be found to be the real party to the contract? Or is
Incorporation by reference in building contracts By Thomas G. Heintzman and Julie Parla1 A common clause in a building contract is one which incorporates the