Lexpert Magazine

2 www.lexpert.ca Editorial fortuna favet fortibus ISSUE 25.02 > NOVEMBER MANAGING EDITOR Tim Wilbur EDITOR Jessica Mach PRODUCTION PROCESS LEAD Alina Leigh PRODUCTION EDITORS Christina Jelinek, Wen-Ching Shang WRITERS Angelica Dino, Bernise Carolino, Kiezzsa Cruz, Mary Tez Romero DESIGNER Khaye Cortez PRESIDENT Tim Duce BUSINESS DEVELOPMENT DIRECTOR Lynda Fenton DIGITAL DEVELOPMENT DIRECTOR Kevin Shields SENIOR BUSINESS DEVELOPMENT MANAGER Steffanie Munroe BUSINESS DEVELOPMENT MANAGER Jacquie Rankin Lexpert Special Edition Magazine is published six times a year. KEY MEDIA and the KEY MEDIA logo are used under licence by KM Business Information Canada Ltd. LEXPERT is a trademark of KM Business Information Canada Ltd. KM Business Information Canada Ltd 317 Adelaide Street West, Suite 910 Toronto, ON M5V 1P9 Tel: (416) 609-8000 Fax: (416) 609-5840 Website: www.lexpert.ca All rights reserved. Contents may not be reprinted without written permission. Lexpert® Magazine is printed in Canada. PUBLICATION MAIL REGISTRATION NO. 41261516. ISSN1488-6553 Copyright© KM Business Information Canada Ltd All rights reserved. GST/HST#: 79989 8465 RC-0001 EDITORIAL INQUIRIES tim.wilbur@keymedia.com SUBSCRIPTIONS/ADDRESS CHANGES Contact: Donnabel Reyes at (647) 374-4536 ext. 243 or email donnabel.reyes@keymedia.com. To change your subscription address, please send your new address along with a copy of your mailing label(s) to the Subscription Dept. at the address indicated above. For all other circulation inquiries, please email Donnabel Reyes. C anadian businesses relying on the court system for dispute reso- lution are increasingly facing significant challenges. Backlog s in commercial litigation, which can stretch from months to years, are putting the civil legal system under immense pressure. As Ian Matthews at Borden Ladner Ger vais LLP points out ( p. 4), "Current delays in even getting motions and cases heard – sometimes months or years – are causing people to turn away from the civil court system as a way of resolving disputes." The strain on the system has been exacerbated by the prioritization of criminal and family law matters, often pushing civil disputes to the back of the queue. According to Gillian Dingle of Torys LLP (p. 6), even in Toronto, where there is a specialized Commercial List, it can take eight months from the day requested to get a short motion heard, and at least a year for a longer motion or trial. The delays have become so severe that many litigants are choosing alternative dispute resolution to avoid delays. Alison Fitzgerald from Bennett Jones LLP (p. 16) obser ves that arbitration can be much faster but notes that it also has its own costs, which parties need to weigh carefully. Arbitration's appeal also lies in its flexibility and the ability to choose arbitrators with relevant industry expertise. Tracey Cohen from Fasken Martineau DuMoulin LLP ( p. 17) adds that in arbitration, "the world is your oyster" since parties can tailor the process to their specific needs, including selecting their preferred rules and arbitrators. However, she cautions that arbitration may not always be cheaper and cost recovery tends to favour the winning party. As businesses grapple with these issues, legal departments like those at Pomerleau are adopting proactive measures to prevent disputes from escalating into litigation. Rob Wilson, Pomerleau's legal director (p. 22), highlights the importance of early inter vention: "If we can give [team members] advice on what the contract says and what our rights are and what the other party's rights are, and that resolves it at the outset, that's a major win for us." This Special Edition delves into these and other challenges facing Canadian litigators and their clients, with insights from top-ranked lawyers. Tim Wilbur, managing editor Navigating disputes: delays and innovative solutions

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