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Searching Content indexed under Arbitration & Dispute Resolution by Minden Gross LLP ordered by Published Date Descending.
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The Uber Powerful Impact Of Arbitration Clauses
In the recent case of Heller v. Uber Technologies Inc., the Court dealt with a case in which Mr. Heller, an Uber food delivery driver, attempted to bring a class action on behalf of all Uber drivers against Uber.
Canada
13 Mar 2018
3
Avoiding Arbitration - Is The Case A Proper One For Summary Judgment?
The Courts in Ontario have made it clear that parties to a contract containing an arbitration clause will be required to arbitrate rather than pursuing a lawsuit, unless they both agree otherwise.
Canada
23 Aug 2017
4
Irvin Schein's Blog: A Mediator's Pet Peeves – Part III
Written by litigator and mediator Irvin Schein and originally published at irvinschein.com.
Canada
4 May 2017
5
Irvin Schein's Blog: A Mediator's Pet Peeves – Part II
Recently I published a blog post in which I reflected on lack of preparation on the part of parties and their counsel as a serious impediment to settlement at mediation.
Canada
26 Apr 2017
6
Irvin Schein's Blog: Arbitration Dilemma - What If You Do Not Have A Willing Dance Partner?
It has now become commonplace for commercial agreements to include mandatory arbitration clauses.
Canada
3 Apr 2017
7
No Access To Remote Justice In L'Orignal, Ontario?
Recently we took on two Small Claims Court actions for good clients. In both cases we acted for the plaintiff.
Canada
27 Feb 2017
8
Is There A Place For Rough Justice In The Law Of Constructive Trust?
The recent case of Palkowski v. Ivancic provides an excellent illustration of the extent to which the court will strive to use all the tools at its disposal to create a result that is fair, even when neither party to the dispute deserves favourable treatment.
Canada
22 Jan 2016
9
Who Really Owns Your Leafs Tickets? - Part 2
On June 25, 2015, I posted an article concerning the lawsuit in the US between StubHub, eBay's secondary ticket marketplace, and Ticketmaster and the NBA's Golden State Warriors.
Canada
16 Nov 2015
10
Geographical Scope Of The Master Expanding
Masters have been a fixture in the Toronto Court system for many years
Canada
1 Jul 2015
11
Thoughts And Observations Of A Toronto Mediator About Culture And Conflict
Based on my research and my experience, it seems to me that cultural influences can bear significantly on the topic of conflict resolution.
Canada
5 May 2015
12
When Can A Former Employee Compete?
The company’s customers were major Canadian telecommunications companies such as Bell Canada and Rogers.
Canada
9 Apr 2015
13
Wrongful Dismissal And Mitigation: Can A Fired Worker Start His Own Business?
The recent case of Leeming v. IBM Canada Ltd. includes a useful review of the law relating to mitigation of damages in the context of wrongful dismissal.
Canada
7 Apr 2015
14
Some Thoughts And Observations By A Toronto Mediator – Part 2
In this post, once again, I thought I would provide some additional observations on an aspect of the mediation process.
Canada
7 Apr 2015
15
How Courtroom Innovations Help Self-Represented Litigants
The Toronto Star posted an interesting story this past weekend discussing how courtroom innovations in New York, the U.K. and Windsor, Ontario are helping self-represented litigants navigate the legal waters.
Canada
25 Mar 2015
16
"Hard and Pointed" Conduct Does Not Pay
The recent decision of the Ontario Court of Appeal in High Tower Homes Corporation v. Stevens is a useful illustration of the extent to which the court will go to deprive a party of relief where that party has acted in a way which some might consider unfair, even if the conduct was not unlawful.
Canada
4 Mar 2015
17
Some Thoughts And Observations By a Toronto Mediator
In this post, rather than discussing a recent case, I thought it might be useful to provide observations on an aspect of the mediation process based on my training and recent experience conducting mediations in commercial disputes. In particular, I would like to address the role of lawyers in managing their clients’ expressions of anger or high emotion.
Canada
25 Feb 2015
18
Warranties In Sale Agreements
The recent case of French Family Funeral Home Limited v. Player et al. provides a useful review of the rights and obligations of parties to a real estate transaction where one party misrepresents the state of the property but the innocent party knows about it before closing, and goes ahead and closes anyway.
Canada
6 Feb 2015
19
When Will the Court Refuse to Enforce An Arbitration Clause?"
The recent Ontario Court decision in Hargraft Schofield LP v. Fluke provides some interesting reminders as to problems that can arise when one attempts to enforce an arbitration clause in a contract.
Canada
20 Oct 2014
20
Can A Mediated Settlement Agreement Be Set Aside?
Mediators and lawyers go to great lengths to protect themselves from parties who agree to settlements at mediation and later have a change of heart.
Canada
10 Oct 2014
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