The Alternative Dispute Resolution Section of the Canadian Bar
Association, Quebec Division, recently canvassed the latest
developments in arbitration law and practice. Langlois
Kronström Desjardins is proud to have been involved in a
significant number of leading cases which were highlighted at the
CBA's annual review, namely:
Canadian Royalties v. Nearctic Nickel Mines,
2013 QCCS 5321: This case established that an arbitral tribunal can
legally quantify the amount of arbitration fees incurred in the
case and condemn a party to pay them notwithstanding the refusal of
the unsuccessful party to pay the arbitrator(s), which does not
necessarily create an apprehension of bias.
Nearctic Nickel Mines v. Canadian Royalties,
2014 QCCA 57: In this case, the Court of Appeal confirmed that the
legal framework governing the review of arbitral awards is well
settled, and does not warrant further consideration by the Court of
Canadian Royalties v. Greenfield Mining
Services, 2013 QCCS 4967: This case established that the court
retained exclusive jurisdiction over an application to strike a
construction lien from the land registry, notwithstanding an
arbitration clause and an underlying dispute between the parties
with respect to the obligation secured by the lien, which was
validly before an arbitration Tribunal.
Abitibi Royalties v. Osisko Mining
Corporation, 2014 QCCS 2817: Setting an important precedent
for the promotion of alternative dispute resolution mechanisms, the
court in this case upheld the arbitration clause and declined
jurisdiction over a lawsuit brought before it notwithstanding a
boiler-plate forum selection clause in which both parties had
submitted to the exclusive jurisdiction of the civil courts.
Alternative dispute resolution ("ADR") refers to the
various ways of resolving conflicts outside of the traditional
litigation process by promoting the resolution of disputes in less
formal, often less expensive and usually faster ways than going to
court. ADR processes include mediation, arbitration, and a range of
Langlois Kronström Desjardins has been active in ADR ever
since the emergence of this practice in Quebec. The extensive
experience of the members of our ADR team enables them to
efficiently advise clients in dealing not only with the substantive
issues in dispute, but also in navigating the waters of whichever
ADR solution is chosen, to reap the full benefits thereof.
The lawyers of the ADR team have been involved in a significant
number of precedent-setting cases in this area. Such cases include
the above-referenced matters, but also, among others, the
successful prosecution of the 2012 appellate case in which the
Court of Appeal ruled that arbitrators may enforce commercial
agreements through orders of specific performance — often
cited as a staple decision for the autonomy and effectiveness of
commercial arbitration in Quebec.
As seasoned litigators, the lawyers of the ADR team regularly
represent their clients before mediators and arbitral tribunals in
a wide variety of disputes, and regularly plead in matters relevant
to the ADR practice before judicial tribunals of various
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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In Irwin v. Alberta Veterinary Medical Association, 2015 ABCA 396, the Alberta Court of Appeal found that the "ABVMA" failed to afford procedural fairness to a veterinarian undergoing an incapacity assessment.
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