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Smith Estate v. National Money Mart Co.: what you need to know about the conflict between arbitration and class proceedings statutes in Ontario

Borden Ladner Gervais LLP
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Canada
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December 31 2008

The following recent Ontario Court of Appeal decision will be of interest to businesses dealing with retail customers where arbitration clauses are included in the consumer contracts

Determined to make the horse drink

Torys LLP
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Canada, United Kingdom
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May 15 2009

At least one justice of the English Court of Queen’s Bench seems determined to prove incorrect the old adage ‘you can lead a horse to water but you can’t make it drink.’

Med-arb in Ontario: enforceability of med-arb agreement confirmed by court of appeal

Torys LLP
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Canada
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May 15 2009

A 2007 Ontario appeal court decision confirmed that courts in Ontario will enforce an agreement to engage in a combined mediationarbitration process ("med-arb"), despite natural justice and other concerns that are often raised about med-arb, particularly in common-law jurisdictions

Arbitration clauses, consumer contracts and class proceedings: the Canadian approach

McCarthy Tétrault LLP
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Canada
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August 2 2007

The limited Canadian case law dealing with the enforceability of mandatory arbitration clauses in consumer contracts has been inconsistent, with courts in Ontario, British Columbia and Québec reaching somewhat different conclusions

Supreme Court of Canada considers the right to class actions in the context of an arbitration agreement

Norton Rose Canada LLP
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Canada
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August 28 2007

The Supreme Court of Canada recently rendered its much-anticipated decision in Dell Computer Corp. v. Union des consommateurs (“Dell”), an appeal in which Ogilvy Renault acted for the London Court of International Arbitration (“LCIA”), which was granted intervener status by the Court

Dispute resolution in the recession

Torys LLP
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Canada
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February 13 2009

Recessions produce a boom in disputes and in the past have produced a correspondingly increased volume of litigation

More litigation than you bargained for: the occasional perils of arbitration

Cassels Brock & Blackwell LLP
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Canada
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November 4 2007

Businesspeople often believe arbitration is a quicker and cheaper way of resolving business disputes

Winning the credibility war

Gowling Lafleur Henderson LLP
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Canada
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January 6 2009

My previous column described risks for advisors in the securities industry, yet the most significant risk to advisors is credibility risk - the risk that a judge or arbitrator will believe a client's testimony over that of the advisor

Online contracts and arbitration clauses Dell Computers v Union des Consommateurs

Gowling Lafleur Henderson LLP
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Canada
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September 24 2007

The inclusion of an arbitration clause in a Canadian online contract through a hyperlink has been held to be valid in the recent case of Dell Computers Inc. v Union des Consommateurs

Court upholds arbitration order terminating franchises where franchisees operating similar businesses

Osler, Hoskin & Harcourt LLP
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Canada
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October 12 2009

In Jamani v. Subway Franchise Systems of Canada Ltd., 2008 A.J. No. 1226, the Alberta Court of Queen’s Bench dismissed an application for leave to appeal an Arbitration Award that ordered the termination of two Edmonton Subway franchises

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Search results

Smith Estate v. National Money Mart Co.: what you need to know about the conflict between arbitration and class proceedings statutes in Ontario

Determined to make the horse drink

Med-arb in Ontario: enforceability of med-arb agreement confirmed by court of appeal

Arbitration clauses, consumer contracts and class proceedings: the Canadian approach

Supreme Court of Canada considers the right to class actions in the context of an arbitration agreement

Dispute resolution in the recession

More litigation than you bargained for: the occasional perils of arbitration

Winning the credibility war

Online contracts and arbitration clauses Dell Computers v Union des Consommateurs

Court upholds arbitration order terminating franchises where franchisees operating similar businesses

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