CANADA Law and Practice Contributed by: Craig Ferris KC, Marko Vesely, Shannon Hayes and Codie Chisholm, Lawson Lundell LLP
made to the court providing a copy of the arbitral award. If there are no grounds to set the arbitral award aside and the time limits for an appeal of the award or application to set aside have expired, the court will then issue a judgment enforcing the award. 14. Outlook 14.1 Proposals for Dispute Resolution Reform The traditional trial process is resource- and time-intensive and incredibly expensive. Dis- pute resolution reform in Canada has focused on means to resolve claims without a full trial. Over the last few years, many provinces have implemented rules to provide for modified or hybrid trials that embrace procedural concepts from arbitration. Case law has also worked to promote the determination of justice in ways without the need for a full trial, such as the pro- motion of summary judgment.
While Canadian courts are attempting to create more timely and less expensive access to justice through modified processes, private arbitration continues to increase in use for those same rea- sons. 14.2 Growth Areas The following areas appear to be future battle- grounds in commercial disputes: liability related to generative AI decision-making; data breach and corporate espionage-related claims; class actions (particularly in securities and ESG mat- ters); and growing disputes between the inter- play between private arbitration and the public courts.
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