02 / Arbitration

Arbitration

Private, binding dispute resolution. The parties present their case to an impartial arbitrator who renders a final, enforceable legal agreement — typically faster, more flexible, and more confidential than court litigation.

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When to use it

The disputes this process suits.

Commercial contracts (including disputes governed by an arbitration clause), shareholder and partnership disagreements, construction matters, and any dispute where the parties want a definitive answer without going to court.

Binding & enforceable

The arbitrator's agreement is final and enforceable in the same way as a court judgment under Ontario's Arbitration Act, 1991.

Private

Hearings, evidence, and the agreement are confidential. There is no public docket and no public record of the dispute.

Expert decision-making

Unlike a generalist judge, the arbitrator is selected for relevant subject-matter expertise — and there is no jury.

Streamlined procedure

Parties agree on the procedure: document-only arbitration, expedited timelines, focused discovery, and limited motions where appropriate.

Process

How the matter moves.

01

Appointment

Parties confirm the arbitrator and sign an arbitration agreement or terms of reference.

02

Pleadings & disclosure

Statements of claim and defence are exchanged, with focused document production.

03

Hearing

Evidence and argument are presented — in person, virtually, or on documents alone where agreed.

04

Agreement

The arbitrator issues a written, reasoned agreement. The agreement is final and enforceable.

FAQ

Common questions about this process.

Can the agreement be appealed?+

Appeal rights are limited and depend on the arbitration agreement and the Arbitration Act, 1991. Agreements are generally final.

How does arbitration differ from mediation?+

A mediator helps the parties reach their own agreement. An arbitrator decides the matter and issues a binding agreement.

How long does arbitration take?+

Most commercial arbitrations conclude within a few months — far faster than the multi-year timeline typical in court.

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