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Horowitz v. Nightingale: the end of secondary arbitration?

Thursday, May 11, 2017 @ 8:40 AM | By Lorne Wolfson

Lawyers, mediators and judges often include in their family law settlements or orders a term that issues regarding the interpretation, implementation, or future variation of the settlements or orders shall be determined through mediation/arbitration with a mediator/arbitrator to be agreed upon by the parties. This can be an effective mechanism to resolve issues that arise subsequent to the settlement or order. However, a recent decision by the Ontario Superior Court has thrown into doubt the viability of this process.

In Horowitz v. Nightingale 2017 ONSC 2168,...