A recent Ontario decision addressed the rights of a consultant whose contract with a non-profit organization was abruptly terminated during a conference call. The court ordered payment for the days of training undertaken by the consultant and punitive damages of $15,000. There is a good summary of the case at the Buchanan Ontario Workplace Law Blog (Independent [Read More]

The failure of the City of Hamilton to participate in mediation proved costly, resulting in an increase of $20,000 in costs awarded. Subsection 258.6(1) of the Insurance Act, R.S.O. 1990, c. I.8 sets out a requirement of an insurer to participate in mediation of motor vehicle claims if the plaintiff requests it. A failure to comply with [Read More]

In the past week I attended conferences in Vancouver and Halifax, where I learned a lot about dispute resolution in courts and in sports. Apart from being a great opportunity to experience the ocean on both sides of the country, it was a chance to reflect on different models of dispute resolution and what practitioners in different fields [Read More]

I have a column at slaw.ca this week on literacy and access to justice. A Federal Court subcommittee tasked with examining the Federal Court Rules issued a report last Fall that touches on access to court rules and procedures. It noted: To self-represented litigants trying to comply, the rules often seem to be a collection [Read More]

There appears to be a rising frustration with (some have even said contempt of) self-represented litigants by judges. The Ontario case of R. v. Duncan is the most recent example that has received some attention. The judge had many things to say about Mr. Duncan, “a rather pleasant young man” (footnotes omitted): It has been [Read More]

Thanks to Professor Jen Reynolds of the University of Oregon and her post at the ADR Prof blog, I was alerted to an interesting study on the use of fear and guilt in mediation. The study appears in the latest issue of the American Bar Association’s Dispute Resolution Magazine at pages 26-29. The authors rightly [Read More]

The dispute resolution system for RCMP officers has come under sharp criticism in a recent decision of the Federal Court. An RCMP officer filed a judicial review application of an internal decision related to a harassment complaint and denial of a promotion. The officer also filed a grievance under the RCMP Act. (For the factual background to the [Read More]

An inmate’s day parole was revoked by two federal parole officers based on uncorroborated hearsay information. While on day parole the inmate was working and earning approximately 20 dollars an hour. The inmate had been incarcerated in a minimum security prison but was sent to Kingston Penitentiary (a maximum security institution). His day parole was [Read More]

One of the keys to a successful mediation is having participants who are prepared and who have given some thought to what they want to achieve in mediation. The role of counsel and representatives in preparing their clients for mediation is critical. What tools are available to educate clients about the mediation process? In this [Read More]

The Federal Court of Appeal recently issued its decision in the First Nations Child and Family Caring Society and the Assembly of First Nations human rights case against the federal government. The Court confirmed the decision of the Federal Court. The substance of the complaint referred to the Canadian Human Rights Tribunal was summarized as follows in the Federal [Read More]