Litigation and Dispute Resolution Guide

More documents

Recommendations

Info

4. AlternativesApart from the court system, litigants can resort to mediation or arbitration to resolve disputes.In many cases, parties can agree by contract that they will resolve all of their disputes by way ofarbitration. In most cases, Canadian courts will enforce a pre-dispute arbitration clause in acontract by prohibiting the parties from litigating the dispute in court and requiring them toproceed by arbitration. Typically, parties wishing to arbitrate or mediate disputes are required todo so by agreement, although it is sufficient if that agreement is a provision in a pre-disputecontract.In some Canadian jurisdictions, however, the court offers judicial mediation or dispute resolutionprocedures, which allow parties to take a dispute off the litigation track after a formal action hasbeen commenced. Ontario and Alberta, for example, have mandatory alternative disputeresolution steps that must take place prior to trial for many civil actions.Canada also has a wide range of regulatory and administrative tribunals that have jurisdictionover a wide range of commercial activities. These tribunals often have the power to imposepenalties and make mandatory orders. The role of some of the tribunals that have the mostimpact on Canadian businesses is described below in this Guide.BLAKE, CASSELS & GRAYDON LLP Page 3
II. ISSUES SPECIFIC TONON-CANADIAN PARTIESWhile Canadian courts and tribunals routinely hear mattersboth initiated by and involving non-Canadians, there are avariety of procedural and other issues that must be kept inmind.Canada is also a party to international agreements forenforcement of arbitration awards. An arbitration awardmade in Canada may be enforced in any other signatoryjurisdiction, and awards from other signatory jurisdictionsmay be enforced in Canada.This section also summarizes rules for the involuntary takingof evidence in Canada for use in foreign proceedings andtaking of evidence outside Canada for use in Canadianproceedings.1. Jurisdictional Issues inCanadian Courts1.1 Jurisdiction of Canadian Courts1.1.1 When will a court entertain an action brought by a foreignplaintiff?A Canadian court will entertain an action brought by any legal person, provided they have anaddress for service in the province in which the action is brought. A foreign plaintiff, however,may be required to put up security for the defendant’s costs to defend the proceeding, theamount of which will vary from province to province, and upon the circumstances.1.1.2 When will a court take jurisdiction over a foreign defendant?A Canadian court will take jurisdiction over a foreign defendant if the defendant is resident or isserved within the court’s jurisdiction, or if the defendant voluntarily submits to the court’sjurisdiction. A court will also have jurisdiction over a foreign defendant if the defendant is servedoutside the jurisdiction and there is a real and substantial connection between the subject matterof the litigation, the parties and the court’s jurisdiction.Generally, a court does not have jurisdiction over proceedings involving any other jurisdiction’spublic law, penal law or revenue law.Page 4BLAKE, CASSELS & GRAYDON LLP
Page 1 and 2: Litigation andDispute Resolutionin
Page 4: 2.4 Burden of Proof ...............
Page 7: criminal matters. The Superior Cour
Page 11 and 12: The money of account is the amount
Page 13 and 14: Canadian courts give strong deferen
Page 15 and 16: Parties, however, can agree at any
Page 17 and 18: • The subject-matter of the dispu
Page 19 and 20: Canada has negotiated an MLAT with
Page 21 and 22: action to be commenced by way of a
Page 23 and 24: exception of documents that are pri
Page 25 and 26: documents with the court including
Page 27 and 28: There are obvious limitations on th
Page 29 and 30: • Compel a plaintiff to post coll
Page 31 and 32: One mechanism used by Canadian cour
Page 33 and 34: the timing and length of trial, and
Page 35 and 36: 1.8.5 Costs in Class ProceedingsSee
Page 37 and 38: Canadian jurisprudence is not unani
Page 39 and 40: 1.10.2 Foreign Currency JudgmentsCo
Page 41 and 42: 1.11.2 Standard of ReviewOn appeals
Page 43 and 44: can be sold, and others have waitin
Page 45 and 46: Quebec, the application or motion t
Page 47 and 48: adjudicated the common issues, then
Page 49 and 50: and with whether the decision falls
Page 51 and 52: authority to conduct administrative
Page 53 and 54: government permit, often generates
Page 55 and 56: the CITT are given considerable wei
Page 57 and 58: mediate and resolve disputes after
Page 59 and 60:
There are also circumstances in whi
Page 61 and 62:
VI. DOMESTIC ARBITRATIONThere is an
Page 63 and 64:
specify the rules of procedure that
Page 65 and 66:
VII. TYPICAL CIVIL CLAIMSWhile ther
Page 67 and 68:
1.8 Other RestrictionsStatutory lim
Page 69 and 70:
In circumstances where there may be
Page 71 and 72:
• Destruction or delivery up of t
Page 73 and 74:
4.6 DamagesIn defamation cases, dam
Page 75 and 76:
VIII.QUEBEC LAW AND PROCEDURE1. Ove
Page 77 and 78:
Where the debtor fails to perform h
Page 79 and 80:
To blunt the impact of the generali
Page 81 and 82:
(that is, a complete indemnity), in
Page 83 and 84:
OFFICE LOCATIONSMONTRÉAL600 de Mai
show all

Litigation and Dispute Resolution Guide

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?