Sole Arbitrator – from $450.00 per hour, plus HST
Access to Justice
Parties Agree That Motions & Applications be Heard and Determined by an Arbitrator
Lawyers are already doing this to address the needs of their clients in existing civil and commercial litigation in the courts.
The courts in Ontario continue to address access to justice in the time of the coronavirus, providing a triage process to determine which matters are considered urgent and should be heard.
Video conference arrangements in the courts have evolved. We are mindful that both criminal and family law matters are likely to take priority both now and when traditional hearings become available post-coronavirus.
Due to the current difficulty in obtaining an early date for the hearing of a motion or of an application, commercial and civil litigation lawyers are proactively addressing their client’s needs by arbitrating motions and application. They agree to do so in writing.
Case Management Arbitration | What Can be Agreed to be Referred to Arbitration?
Moving court-based litigation to arbitration can include the entire contemplated proceedings; the remaining proceeding if court-based litigation has been commenced; or only procedural parts / interlocutory steps of the proceedings, such as:
pleadings motions;
document production and discovery issues;
undertakings and refusals motions;
other procedural motions; and
while at the same retaining the parallel court-based proceedings for the core, substantive merit decision-making. This is so-called Case Management Arbitration.
Each of these options are a matter of party autonomy that can be expressed through mutual agreement of the parties.
Motions by Arbitrator | Applications by Arbitrator | Private Appeals | Assess Costs
In the appropriate circumstances, an arbitrator, can hear, decide and make binding decisions in all motions and applications, enforceable by the court, including applications, with our without an evidentiary hearing, motions for summary judgment, strike-out motions, Anti-SLAPP motions, security for costs motions, refusals and undertakings motions, motions for particulars and documents, injunctions and mandatory orders (not affecting non-parties), and references to determine loss and/or damages and / or to determine and assess costs, whether the main proceedings are in the Superior Court of Justice or the Federal Court of Canada. Where the parties agree an arbitrator, hear private appeals and private review of orders and judgments in the courts.
Arbitration – When No Arbitration Clause
An agreement to refer or submit disputes to arbitration may be made before a dispute arises or after a dispute has arisen.
Standalone Agreement to Submit Disputes to Arbitration
Resolving disputes by arbitration may be possible even if the parties have not included an arbitration clause in the contract – if they agree to submit disputes to arbitration by a standalone arbitration agreement. This option provides the parties with the advantages of arbitration as a presumptively private and confidential, efficient, faster and therefore less expensive way to resolve disputes.
Statutory Authority for Standalone Arbitration Agreement
This standalone agreement to submit disputes to arbitration is recognized by stature in Ontario in both the Arbitration Act, 1991, S.O. 1991, c. 17 and the International Commercial Arbitration Act, 2017, S.O. 2017, c. 2, Sched. 5, and in Canada under the Federal (Canada) Commercial Arbitration Act R.S.C., 1985, c. 17 (2nd Supp.)
In particular, subsection 5(1) of the Arbitration Act provides: 5 (1) An arbitration agreement may be an independent agreement or part of another agreement. 1991, c. 17, s. 5 (1), and Chapter II. Arbitration Agreement, Article 7 of each of the International Commercial Arbitration Act and, with minor modification, the Commercial Arbitration Act, since both incorporate the UNCITRAL Model Law, and provide: (1) “Arbitration agreement” is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.
Arbitration at the Pace Parties Require
Through effective Case Management and Procedural Orders, the parties will find that arbitration proceeds at the speed the parties require, while maintaining statutorily ensured fair and equal treatment of all parties.
Good Availability and Reasonable Fee Rates
The arbitrators at Gilbertson Davis LLP Arbitration Chambers have good availability at reasonable fee rates.
To inquire about arbitrator availability and fee rates, or to request a resume or draft Terms of Appointment, please contact Gilbertson Davis LLP Arbitration Chambers through the Intake Coordinator, at 416 979 2020, ext 223, by info@gilbertsondavis.com.
Brief informational summaries about insurance litigation, commercial litigation and family law litigation matters in the courts of Ontario and Canada are periodically published on our website. Please note that our website content is for informational purposes only, and should not be construed or relied upon to provide legal advice. If you require legal advice, please request an initial consultation with Gilbertson Davis LLP using the Request Consultation Form on this webpage or by contacting our Intake Coordinator on (416) 979-2020, ext. 223 (both subject to the Terms of Use described on our Contact page).
Comments & Opinions by Gilbertson Davis LLP lawyers and staff on its Blog, or in media interviews, appearances or publications, or in professional publications, are personal to them, and do not necessarily represent the opinions of the Firm or anyone at the Firm other than the individual expressing those comments or opinions.
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