Canada: Langlois Kronström Desjardins on the Leading Edge of ADR Practice in Quebec
Last Updated: March 20 2015

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 Appeal.
  • 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 other techniques.

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 levels.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Press Releases from this Firm
Recent Content from this Firm
By Jessica Syms, Xin Jia Wang
By Jessica Syms, Xin Jia Wang
By Éric Thibaudeau, Laurence Bourgeois-Hatto, Olivier Scheffer
By Sébastien Laprise, Jean-Benoît Pouliot
By Jean Patrick Dallaire, Stéphanie Fortier-Dumais
By Jean-François De Rico, Simon Chenard
By Jean-François De Rico, Pascal Archambault
By Sean Griffin, Daniel Baum
By Francine Legault, Laurence Bourgeois-Hatto
By Laurence Bourgeois-Hatto, Charles Wagner
Font Size: