As a more convenient and less expensive place to conduct an
arbitration than many of the world's more traditional
arbitration centres, Toronto is quickly gaining recognition as one
of the best places to arbitrate commercial disputes.
In 1986, Canada became the first country to adopt arbitral
legislation based on the UNCITRAL Model Law. Soon after, Ontario
adopted the International Commercial Arbitration Act and
the Arbitration Act, 1991, putting Canada and Ontario on
the arbitral map. Essential to Model Law is party autonomy and
limited court intervention and, with very few exceptions, Ontario
courts have shown a willingness to interpret the legislation in
accordance with these principles. The result is that parties are
free to design their own arbitral process with minimal intervention
from the court.
Modern international commercial transactions have favoured
arbitration as a dispute resolution mechanism. And, as
international parties become more sophisticated and plan for
potential disputes within the commercial relationship, they have
begun to take an interest in where these arbitrations will be
"seated". American parties contracting with European or
Asian parties are finding that the overseas parties are wary of
agreeing on a seat of arbitration in the US, for fear of giving the
US party some "home court advantage".
Toronto is the perfect alternative.
A cosmopolitan city, Toronto is not only Canada's economic
capital but one of the leading financial centres in North America.
It has a sophisticated financial services infrastructure that is
known for its safety and stability. Ontario and Canada have a
strong tradition of the rule of law. There are world-renowned
arbitrators, counsel and experts based in Toronto. Toronto is
easily accessible from most large American cities, in same time
zone as New York and Washington DC.
Toronto is also home to the Commercial List, a specialised team of Superior
Court judges with expertise in managing complex commercial
I am a member of the Toronto Commercial Arbitration Society
(TCAS), an organization that was formed three years ago to promote
and develop Toronto as a centre for excellence in arbitration. TCAS' website has information on
facilities, arbitrators and counsel in Toronto. I encourage you to
check it out.
Under the Income Tax Act, the Employment Insurance Act, and the Excise Tax Act, a director of a corporation is jointly and severally liable for a corporation's failure to deduct and remit source deductions or GST.
Under the Income Tax Act, the Employment Insurance Act, the Canada Pension Plan Act and the Excise Tax Act, a director of a corporation is jointly and severally liable for a corporation's failure to deduct and remit source deductions.
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