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Login to watch this video if you have a subscription. Learn more about subscriptions.Developments in Arbitration: This presentation reviews current arbitration law, emphasizing unsettled standards of review, third party disclosure, and bias. It contrasts Supreme Court rulings in Sattva, Teal Cedar, and Vavilov, showing how uncertainty affects appeals on arbitral awards. It outlines practical steps for obtaining third party evidence under section 29 of the Arbitration Act and analyzes recent cases where undisclosed relationships or offers of reappointment created a reasonable apprehension of bias, undermining the validity of awards.
Mitigation in Commercial Leasing: This presentation examines landlord remedies and mitigation duties in commercial leases, centering on Highway Properties Ltd. v. Kelly, Douglas & Co. Ltd. and 565920 Alberta Ltd. v. Afri, 2012 ABQB 556 (as affirmed on appeal). It explains the four recognized options for landlords when tenants default and the longstanding rule from Highway Properties that a landlord who insists on lease performance has no duty to mitigate. The discussion notes the pending Supreme Court of Canada appeal in 565920 Alberta Ltd. v. Afri, with arguments over fairness, economic efficiency, and the evolving role of good faith in commercial leasing.
Justice Alexandre Kaufman, Superior Court of Justice B.A., LL.B., was appointed to the Superior Court of Justice in 2018. Before his appointment, Associate Justice Kaufman acted as senior counsel in civil litigation at the federal Department of Justice and the Public Prosecution Service of Canada. Associate Justice Kaufman represented the Crown before the Ontario Court of Justice, the Superior Court, the Divisional Court, the Court of Appeal for Ontario, the Federal Courts, and a wide range of tribunals and boards. Mr. Kaufman's broad litigation practice included administrative law, procurement and trade remedies, employment, contract and tort claims, and criminal law. He also taught trial advocacy and civil procedure at the University of Ottawa and Algonquin College. He is the co-author of the Annotated Ontario Arbitration Legislation (Thomson Reuteurs) in its third edition. Knowledge of alternative dispute resolution has proven helpful in mediating and arbitrating disputes between his four children.