Dear Colleagues:

The SCC has just released 2 judgments dealing with the interplay between tort of deceit (or civil fraud) and the rules for summary judgment (in Ontario). The judgments can be found here:

http://scc-csc.lexum.com/decisia-scc-csc/scc-csc/scc-csc/en/13428/1/document.do

http://scc-csc.lexum.com/decisia-scc-csc/scc-csc/scc-csc/en/13427/1/document.do

I especially liked the following comment on arbitration:

In some circles, private arbitration is increasingly seen as an alternative to a slow judicial process.  But private arbitration is not the solution since, without an accessible public forum for the adjudication of disputes, the rule of law is threatened and the development of the common law undermined.

All the best,

-- 
Jason Neyers
Professor of Law
Faculty of Law
Western University
N6A 3K7
(519) 661-2111 x. 88435