Topic: Drafting tips

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Arbitration: You get what you ask for

If you choose an informal arbitration you will usually have to accept the outcome whether you like it or not. In Reward Ventures 01 CC v Walker the arbitration agreement provided that the arbitration must be held “in a summary manner … on the basis that it shall not be necessary to observe or carry out … Continue reading

An arbitration clause may die with the contract

A clause in a contract requiring the parties to refer their disputes to arbitration is not necessarily enforceable if the contract itself is invalid.  Every arbitration clause should be coupled with a provision that the validity of the agreement may be determined by arbitration even though the existence of the agreement itself is being questioned.  … Continue reading

Definitions in context

Most definition clauses do (and should) start with the words “subject to the context” and these words are important when applying a definition. The supreme court of appeal said that definitions in an enactment (in this case a by-law) should not be slavishly applied.  Where the context requires it, the ordinary meaning of a word … Continue reading