Case Review – S3i Inc. v. Ecolomondo Environmental (Hawkesbury) Inc., 2023 ONSC 5071
September 19, 2023
A meditation on abandonment. Also a comparison of section 47 and rule 20 applications.
Case Review – Chandos Construction Ltd. v. Deloitte Restructuring Inc., 2023 ABKB 349
June 26, 2023
Lessons Learned Do not assume that because a closely-related matter is working its way through the appellate courts that the limitation period in your
Case Review – High Performance Energy Systems Inc. v. Halifax (Regional Municipality), 2023 NSCA 16
May 15, 2023
Lessons Learned No decision better demonstrates the bow wave of unnecessary destruction and expense that expands in the wake of emotionally-fuelled squabbling. It destroys
Is The Commencement Of An Arbitration Claim Also The Commencement Of An Arbitration Counterclaim?
April 13, 2016
In a recent English decision, the court held that the commencement of an arbitration by the claimant could also amounted to the commencement of the
Ontario Court Has No Power To Extend Period For Setting Aside A Domestic Arbitral Award
August 31, 2014
In R & G Draper Farms (Keswick) Ltd. v. 1758691 Ontario Inc., the Ontario Court of Appeal recently held that an Ontario court has no
English Courts Enforce An Obligation To Mediate And Negotiate
August 3, 2014
The articles on this site have often alerted the readers to the hidden dangers of mediation and negotiation clauses in construction contracts. The principle danger
Does An Informal Agreement To Mediate Stop The Limitation Period From Running?
April 19, 2014
Mediation seems like apple juice: no harm in taking it and it might do some good. But mediation has a trap: — the limitation period.
Alberta Court Of Appeal Upholds The Dismissal Of A Claim Which Ought To Have Been Arbitrated
March 2, 2014
One challenge facing a party to an arbitration clause is preserving a claim against the running of the limitation period. Starting the wrong claim may
Alberta Court Of Appeal Holds That A Court Action Is Not A Notice Of Arbitration
January 14, 2014
In previous articles I have warned readers about the dangers of the limitation period in relation to arbitration claims. You can look at my prior