In a recent case, a judge of the Superior Court of Justice outlined certain behaviour of a respondent-husband that had a real impact on costs. I will concentrate on the behaviour because, during my years on the bench, I was always surprised by lawyers and their parties who were oblivious to the impact their conduct, both prior to and during …
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Author Archives: Clifford S. Nelson
Conduct Unbecoming
Arbitration: Sufficiency of Reasons
Judges sometimes make reversible errors that are overturned on appeal; so too with arbitrators. It is not very often, however, that judges or arbitrators have their decisions overturned for lack of sufficiency in their reasons, especially in complicated cases, involving lots of money. It also does not often happen that an appellate judge feels the need to set out a …
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Court Upholds Confidentiality of Mediation Intake Forms, Mediator’s File & Screening Notes
Cliff Nelson, Riverdale Mediation & Hilary Linton, Riverdale Mediation and mediate393/311/47 Few legal principles are more sacrosanct than settlement privilege. In family law, where the legal, emotional and physical safety of family mediation is directly connected to its effectiveness, the principle is even more important. And the most sacred of all parts of a family law file are the notes …
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