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Some five years ago now, the Supreme Court of Canada sent a not so discrete message to the litigation bar that it was time for a “shift in culture” in our civil justice system. The message arose in the context of the ever important, but still to this day elusive pursuit of access to justice. […]

The movement towards arbitration of disputes is hardly new, and the advantages of arbitration over typical litigation hardly novel. Efficiency, flexibility, the potential to choose an arbitrator who is an expert in the domain under examination — all these factors have combined to make arbitration a highly attractive option for the resolution of commercial disputes. […]