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Is Forum Non Conveniens a Thing of the Past?

Is Forum Non Conveniens a Thing of the Past?

Kore Meals LLC v. Freshii Development LLC: In Kore Meals LLC v. Freshii Development LLC, 2021 ONSC 2896, Justice Morgan of the Ontario Superior Court of Justice was faced with the question of whether, in the age of Zoom, any forum is more non conveniens than...
Arbitration and Summary Judgment

Arbitration and Summary Judgment

Optiva Inc. v. Tbaytel: Does a Summary Judgment Motion in Arbitration Constitute a “Hearing” under Arbitration Legislation? Optiva Inc. v. Tbaytel, 2021 ONSC 2929 (“Optiva”),[1] involved a post-award challenge to an arbitrator’s decision to proceed by way of summary...
Virtual ADR is Here to Stay

Virtual ADR is Here to Stay

The court closures necessitated by the COVID-19 pandemic, as well as continued public health restrictions, including restrictions on in-person proceedings and the need for physical distancing, have made ADR a more attractive means of dispute resolution than ever...
Losing Your Right to Arbitrate

Losing Your Right to Arbitrate

In the recent decision of Paulpillai v. Yusuf, 2020 ONSC 851,[1] the Ontario Superior Court found that the Respondents had waived their right to have the dispute in question determined by arbitration. A brief summary of the facts of Paulpillai v. Yusuf Mr. Yusuf and...
Drafting an Arbitration Clause

Drafting an Arbitration Clause

Arbitration is becoming increasingly common as a means of dispute resolution in commercial contracts. Often, however, little attention is given to the arbitration clause itself, which may be “boilerplate”, or which may be drafted by commercial lawyers who have little...