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Documents on alternative dispute resolution
 

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HTMLDirectors & Officers: Shareholders Remain Restricted in Breach of Fiduciary Duty Claims
James Gibson, Landon Miller, Laura Paglia; Borden Ladner Gervais LLP;
Legal Alert/Article
April 13, 2015, previously published on February 04, 2015
This decision confirms that, contrary to the rule in certain U.S. jurisdictions, shareholders will only rarely be able to make a fiduciary breach claim directly against an officer or director of a corporation. To do so, they must establish not only an independent relationship with the defendant...

 

HTMLRevised Sanction Guidelines
James Gibson, Landon Miller, Laura Paglia; Borden Ladner Gervais LLP;
Legal Alert/Article
April 13, 2015, previously published on February 04, 2015
On January 13, 2015 IIROC released its Revised Sanction Guidelines (“Guidelines”) effective February 2, 2015. The Guidelines consolidate and replace all previous versions of both the Dealer Member Disciplinary Sanction Guidelines and the UMIR Disciplinary Sanction Guidelines into one...

 

HTMLFines Imposed for Inappropriate DSC Charges
James Gibson, Landon Miller, Laura Paglia; Borden Ladner Gervais LLP;
Legal Alert/Article
April 13, 2015, previously published on February 04, 2015
Following an uncontested hearing on the merits, on January 23, 2015, IIROC fined Paul Christopher Darrigo (the “Respondent”) $60,000 representing a disgorgement of commissions of $50,000 plus an additional fine of $10,000 due to his improper sales of mutual funds with deferred sales...

 

HTMLProviding Alberta Securities Commission Investigation Materials SEC Does Not Violate the Charter
James Gibson, Landon Miller, Laura Paglia; Borden Ladner Gervais LLP;
Legal Alert/Article
April 13, 2015, previously published on February 04, 2015
On January 22, 2015, the Alberta Court of Queen’s Bench determined in Beaudette v Alberta (SecuritiesCommission), 2015 ABQB 57, that providing information gathered by the Alberta Securities Commission (“ASC”) during the course of their investigation to foreign agencies does not...

 

HTMLFact Witnesses As Experts: Westerhof v Gee Estate, 2015 ONCA 206
Ewa Krajewska; Borden Ladner Gervais LLP;
Legal Form
April 9, 2015, previously published on April 3, 2015
In Westerhof v Gee Estate, the Ontario Court of Appeal decided that participant experts and non-party experts may give opinion evidence without complying with Rule 53.03. In other words, a fact witness who is considered an expert may give opinion evidence without filing an expert report or...

 

HTMLIGAD to Establish International Arbitration Center in Djibouti
Thomas R. Snider; Greenberg Traurig, LLP;
Legal Alert/Article
April 7, 2015, previously published on March 10, 2015
The Intergovernmental Authority on Development (IGAD), which consists of member states Djibouti, Eritrea, Ethiopia, Kenya, Somalia, South Sudan, Sudan, and Uganda, will establish an international arbitration center in Djibouti focused on resolving business disputes in the region. The decision to...

 

HTMLCourt Fee increases from Monday
Miles Robinson, Kate Wilson; Mayer Brown International LLP;
Legal Alert/Article
April 7, 2015, previously published on March 5, 2015
In January 2015, the Government announced a dramatic increase in the fee for issuing Court proceedings in money claims worth £10,000 or more. Following Parliamentary approval on 4 March, the new fees will come into force on 9 March. Until now, the highest issue fee for a money claim has been...

 

HTMLOnline Dispute Resolution is Not Science Fiction, Says Advisory Group
Robert E. Collier-Wright; Greenberg Traurig Maher LLP;
Legal Alert/Article
April 7, 2015, previously published on March 12, 2015
The Online Dispute Resolution (ODR) Advisory Group of the Civil Justice Council, a group established on 25 April 2014 and led by Professor Richard Susskind (IT Advisor to the Lord Chief Justice), has proposed radical changes to the court system of England and Wales, including the introduction of a...

 

HTMLUAE Competition Law Update: Consequences for M&A Transactions in the UAE
Eric J. Milne; Jones Day;
Legal Alert/Article
April 6, 2015, previously published on March 2015
The United Arab Emirates ("UAE") recently introduced its competition law: Federal Law No. 4 of 2012 ("Competition Law"). In February 2013, we published a Commentary on this law, noting that it was the first of its kind to regulate anticompetitive behavior and monopoly practices...

 

HTMLNGC's Alternative Dispute Resolution Practice
Nicola Gudbranson Cooper LLC;
Legal Alert/Article
April 2, 2015, previously published on Winter 2014-2015
Mediation and/or arbitration have increasingly become preferred means for businesses to resolve commercial disputes. However, not all alternative dispute resolution (ADR) provisions are equal. Attorneys at Nicola, Gudbranson & Cooper have extensive experience negotiating fair and effective ADR...

 


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