Case law: Arbitration

ung woman looking downcast

Horowitz v. Nightingale 2017 ONSC 2168: This motion was brought by the husband for an order staying the family law proceeding between him and his wife. The parties were married for 16 years prior to their separation. They had three children.  The applicant wife initiated an application for custody, access, child and spousal support and equalization…

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What is arbitration?

woman holding a little boy

Many legal issues arise when a couple separates: custody and access, financial issues and dividing the family property are often the most pressing. Some people decide to attempt to resolve these issues without going to court and use one of a variety of alternative dispute resolution techniques. Arbitration is one of these techniques. It is…

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Recent case: Alternative dispute resolution and arbitrator bias

hands on a book

McClintock v Karam 2015 ONSC 1024: The parties in this case had signed an agreement that they would refer any custody and access conflicts they could not resolve on their own to mediation/arbitration. This is a process in which the parties work with one individual who initially acts as a mediator. If that person is…

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