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  • Home
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FDR Updates, News & Updates

Case Law Review: Good News for Family Arbitrators: Zoom Hearings are Just Fine!

Hilary Linton
Posted on July 3, 2020 at 12:08 pm / 0

Many of us have moved our practices to 100% remote work given the safety risks presented by Covid-19. 

A recent decision of Justice Lafreniere of the Federal Court reassures those of us conducting private adjudication by Zoom that we are meeting the requisite standard of due process care to our clients.

The trial in the patent infringement case of Rovi Guides v Videotron (2020 FC 596) had started before Covid-19, and several of the Plaintiff’s witnesses had testified in person. When it came time to schedule a resumption of trial, the Defendant argued that it would be unfair to require them to give their evidence using remote technology when the Plaintiff had been able to give their evidence in person.

It was necessary, for procedural fairness, for both sides to be able to call their fact witnesses in person, argued Videotron’s counsel. 

Noting that the Federal Court Rules permit the Court discretion in determining how the hearing is to be conducted, the Court noted that the appropriateness of proceeding by videoconference will depend on the specific circumstances of each case. 

“The Court must weigh the relative prejudice that may accrue to any of the parties if a remote hearing is ordered against the general principle..that matters be dealt with in the most expeditious manner on their merits.”

The Court further noted that it does not follow that the ability of the trier-of-fact to assess credibility of a witness, or the effectiveness of counsel in examining a witness, will or will not be impaired by the use of videoconferencing technology. 

“Given that Court facilities remain closed for the foreseeable future, Videotron’s objection must be rejected since it would result in delaying the trial indefinitely”.

The Court further endorsed the use of Zoom notwithstanding objections relating to possible security limitations of the platform.

This decision should give all arbitrators peace of mind when scheduling hearings using Zoom. 

was last modified: July 3rd, 2020 by Tricia Wong
arbitrationCase Law Reviewfamily arbitratorsFamily LawFederal Court RulesHilary Linton
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FDRIO’s Annual General Meeting

December 2, 2020 at 2:50 pm by Tricia Wong / 0

Our Chair, Neil Maisel, opened up the meeting with a summary of the exceptional year we have had – including the entertaining humour we’ve all come to expect of Neil! FDRIO has, despite the pandemic, had an unexpected good year, a welcomed success considering the world changed back in March: Our membership increased by 25% because of the highly regarded events and programs we offer our members. We plan to continue on this trajectory for the year ahead! Our innovative unConference was moved to a virtual event offering an excellent program that was very well attended. We hosted a Town Hall open to all family dispute resolution…

was last modified: December 2nd, 2020 by Tricia Wong
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FDRIO Response to Family Legal Services Provider Licence

December 2, 2020 at 12:57 pm by Tricia Wong / 0

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was last modified: December 2nd, 2020 by Tricia Wong
News & Updates

Cliff’s Notes: The Importance of Screening for Intimate Partner Abus

November 4, 2020 at 12:30 pm by Tricia Wong / 0

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was last modified: November 4th, 2020 by Tricia Wong
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Case Law Review: Moore v Sweet and Life Insurance: Implications for Family Dispute Resolution Professionals

November 4, 2020 at 11:30 am by Tricia Wong / 0

For many Canadians, whether the purpose is to fund payment of anticipated estate liabilities, to assist in the financial support of one’s dependants, to honour support payment obligations, to equalize the distribution of an estate between multiple children, or to provide a direct benefit to one or more designated beneficiaries, life insurance policies represent an important component of an estate plan. If the beneficiary designation of a policy cannot be honoured following the insured’s death, this may result in the complete frustration of his or her testamentary wishes and prevent the estate plan from being implemented in the manner that…

was last modified: November 4th, 2020 by Tricia Wong
News & Updates

Book Review “Intensive Mothering: The Cultural Contradictions of Modern Motherhood” (Demeter Press)

November 3, 2020 at 4:52 pm by Tricia Wong / 0

Dr. Linda Ennis, who is moderating a panel on “Differentiating Between Coaches & Mental Health Professionals” at the upcoming FDRIO conference, shares one of her books with us today on “intensive mothering”. She will be offering an online course on this subject on Dec 10th-11th, which will elaborate upon how it impacts the parenting process throughout marriage and divorce (drlindaennis.com). It is recommended that this book on intensive mothering be read in conjunction with her book entitled “After the Happily Ever After: Empowering Women & Mothers In Relationships” (Demeter Press) to fully understand the role of mothers and parents in…

was last modified: November 3rd, 2020 by Tricia Wong

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