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Despite its importance, legal research is often a line item that
comes under close scrutiny when a court awards costs to a
successful litigant. Two recent cases demonstrate why legal
research comes under such scrutiny.
In
Fox Excavating & Grading Ltd. v. 2012299
Ontario Inc., 2021 ONSC 451, Justice McSweeney was
required to assess whether costs claimed for online legal research
should be allowed in a case where the plaintiff had brought three
actions arising out of the same contract. Two of the actions were a
Lien Action and a Trust Action.
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Property developers, construction contractors and others involved in the construction industry are frequent users of arbitration. The only limits to the nature and complexity of commercial disputes that can be referred to arbitration are the limits set by the arbitration agreement from which arbitrators (with help from both statute and judge-made law) derive their powers.
Arbitrators powers are defined broadly in both statutes and contracts
In fact, as the WA Supreme Court s Kenneth Martin J. recently reminded us, commercial arbitration statutes and most commonly used arbitration agreements tend to expand an arbitrator s powers to deal with disputes that have been properly referred to them. This is generally done by:
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In brief - Queensland Supreme Court finds that, in the
circumstances, an excess policy was a marine policy subject to the
Marine Insurance Act
Insurance Contracts Act 1984 (Cth) does not apply to
contracts to which the
This was a critical issue considered by Justice Bond in the
Supreme Court of Queensland late in 2020 in the case of
The issue considered in this case is one which insurers are
often required to consider but which rarely reaches the courts for
consideration.
Court considers whether the excess policy was a marine policy