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Category Archives: Alternative Dispute Resolution

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Hot Off the Press – Doing Business in Canada: Navigating Opportunities for Investment and Growth

Posted in Alternative Dispute Resolution, Class Actions

If your organization is currently thinking about establishing or acquiring a business in Canada, the newest edition of Doing Business in Canada, written by McCarthy Tétrault, will prove to be a valuable resource. The guide provides a broad overview of the legal considerations that non-residents should take into account to help ensure their success as they enter into a business venture in Canada. Each section offers timely information and insightful commentary on different areas of law.

The book includes a chapter on dispute resolution, with sections on:
  • Canada’s court system
  • class actions
  • alternative dispute resolution
  • electronic discovery

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How Momentous is This? New SCC Ruling on Forum Selection and Arbitration Clauses

Posted in Alternative Dispute Resolution, Case Comments, Conflict of Laws, Contracts, Procedure

In twelve short paragraphs, the Supreme Court of Canada’s new judgment in Momentous provides helpful guidance on the question of whether a motion to dismiss on jurisdictional grounds may be brought after the delivery of a Statement of Defence. The Court also reaffirms the centrality and uniqueness of the “strong cause” test where a jurisdictional challenge is based on the existence of a forum selection or arbitration clause.

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