Supreme Court Decides Businesses Cannot Be Part Of Class Action Where Arbitration Clause Exists
In a close, 5-4 decision, the Supreme Court of Canada recently reinforced the primacy of arbitration agreements. The Court held that if businesses are parties to a standard form contract containing an arbitration provision, they cannot join a class action relating to that contract, even with consumers against whom the same arbitration provision cannot be enforced. In TELUS Communications Inc. v Wellman, the Court held that business members of a proposed class action were required to arbitrate their disputes. They could not litigate their cases in court as part of a class action brought on behalf of consumers. Our previous ... [more] Full article
Demons for Negotiators
[ As originally published in The Lawyers Weekly, April 01, 2016 ] In a legal climate that relies with growing frequency on alternative dispute resolution, a lawyer’s negotiating skills are ... [more] Full article
Cheerios: Download a coupon, lose your right to sue
A recent New York Times article warned consumers that by clicking "Like" on the Facebook page of General Mills, the maker of Cheerios and other products, they would be agreeing to limit themselves to resolve disputes with the company through informal emails or binding arbitration. [more] Full article
Table Manners – Recipes for Negotiators: #2 The Mandate
Another integral aspect of the negotiating process is the mandate. Legal counsel as well as other individuals, often represent clients either as an individual or in a larger groups. Your mandate, or lack of mandate, can be crucial to your success, failure or to prolonging the negotiating process indefinitely. [more] Full article
Mediation and other Alternative Dispute Resolution Contributors
Michael Binetti
Michael Binetti, a partner of the firm, brings a proven litigation background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation. Michael’s peers and clients have commented that Michael is an “excellent and creative lawyer,” “finds unique solutions to complex problems,” and that “Michael gets it and knows how to win.”
Meredith Hayward
Meredith has earned an impressive reputation for her skill and abilities in Commercial Litigation and Administrative Law, appearing at all levels of court in Ontario, before the British Columbia Court of Appeal, and before the Supreme Court of Canada.
David N. Vaillancourt
David's practice expertise focuses on all matters of Commercial and Civil Litigation, Competition and Administrative Law. David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence/intellectual property disputes, fidelity bond claims, and professional negligence claims. David has appeared before all levels of court in Ontario, including the Court of Appeal for Ontario, and has also appeared before the Competition Tribunal and the Federal Court of Appeal. David has appeared as lead counsel in numerous trials, hearings, and motions. David has been successful in numerous adversarial proceedings, and also has successfully negotiated the resolution of dozens of cases.
