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Protective Orders Over Productions: A Review of Recent Caselaw
Presumptively, parties have the right to access each other’s non-privileged documents during the discovery stage of litigation. This presumption supports the fundamental idea that parties should provide each other with full disclosure of relevant documents as part of the litigation...
Don’t Forget to Drain the Swamp! – Ten Tips for Keeping a Lid on Litigation Costs
Let’s face it. Litigation is tough. Especially for individuals and small businesses who might not have the money to spend on it. Let’s see…do we finally upgrade from Windows 7, or do we spend all our money on lawyers? Tough...
Construction Adjudication
It has now been a little over two years since adjudication and prompt payment came into force in Ontario. To date, adjudication seems to have been the “middle-child” of dispute resolution mechanisms for construction related matters. It’s neither court, nor...
Smart Contracts in the Courts
Cryptocurrency trading and other forms of investment are enabled via smart contracts that execute themselves according to rules defined by code. But what happens if somebody finds a loophole and manipulates the rules to produce an unexpected result in their...
Should I include an arbitration agreement in my contract?
Frequently, commercial Parties will include arbitration agreements in a contract without much thought as to whether it is necessary or even a good idea. There are many things to consider before including an arbitration agreement in your contract. An arbitration...