There is a time and a place and a method for resolving every dispute. After all, every problem has a solution, however intractable or difficult it may seem. How a dispute unfolds depends on a multitude of factors – timing, the mindset of the parties, the beliefs and desired outcomes of the protagonists on both sides and how entrenched they are in their respective legal positions, the commercial objectives of claimants and the complexity of the legal issues, to name but a few. There will be disputes which can only ever be resolved by a court judgment or an arbitration […]
In today’s tech-centric world, the majority of our actions center around technology—sitting in front of computers at work, navigating traffic with mobile GPS systems or monitoring our heart rates through wearable devices, to name a few. While there are clear benefits to the endless uses of technology, few people realize all the data that exists on these devices. What’s more, many don’t realize how that data can be forensically collected and used to prove innocence or guilt in legal matters, making it extremely valuable to attorneys. Here are three types of data most people don’t realize exist, yet could […]
DWF senior associate Paul Maddock explains how his passion for board games helps in his day-to-day legal life Image credit: Unsplash The reason Paul Maddock, senior associate, DWF, enjoys commercial litigation so much is that it’s all about strategy and solving problems. “I like board games and strategy games from chess to Monopoly,” he says. “Litigation is a similar thing because you’re trying to do the best you can with the hand you — or your client — have been dealt. On the first day, the client gives you the documents and the facts, you piece them together and give […]
Much has been written on the merits of ESG investing strategies and their ability to deliver comparable, if not superior, performance to traditional benchmarks. A majority of institutional investors are motivated to employ ESG investing strategies because they believe ESG will improve risk adjusted returns1, yet the circumstances in which ESG leads to better outcomes are less well understood. In a new paper in the CFA Institute Financial Analysts Journal, authors Daniel Fauser and Sebastien Utz from the University of St Gallen examine one particular channel through which ESG affects valuation, namely litigation risk. Fauser and Utz study the extent […]
Arbitrations And Receiverships: Do They Need To Be Legally Distant?
Case Study: Petrowest Corporation v. Peace River Hydro Partner
21 June 2021
McCague Borlack LLP
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A receiver can sue on a contract yet disclaim the contract’s
arbitration clause, determined the BCCA in Petrowest
Corporation v. Peace River Hydro Partners 2020 BCCA 339. The
defendants applied for an order to stay an action brought against
them by the receiver for Petrowest, pursuant to section 15 of the
Mediation is a word people usually are not familiar with unless they are going through a divorce. Even when you hear the word mediation, it can sound confusing, complicated and even scary—especially if you hear myths about mediation that are simply just false. The truth is, mediation is the exact opposite of confusing, complicated and scary. With the right mediator and an open mind, mediation can end up being an experience that leaves you feeling empowered, calm, and confident for a wonderful post-divorce future. To learn more about mediation and to determine if it’s right for you and your soon-to-be […]
WHAT YOU NEED TO KNOW IN A MINUTE OR LESS You are in-house counsel for a consumer-facing company, and you have just been handed a letter from a plaintiff’s firm you’ve never heard of, threatening to file a class action over labeling, advertising, a company policy, or an alleged defect in your consumer product. What do you do? Know you are potentially at risk Any consumer-facing company is a potential target for a consumer class action, this includes manufacturers, suppliers, and potentially others within the chain of distribution. In recent years, consumer class actions have run the gamut from claims […]