45 St. Clair Ave. West, Suite 600
Toronto, Ontario, M4V 1K9
Tel: (416) 925-7400 Fax: (416) 925-7464

Virtual Arbitration

We continue to Arbitrate and Mediate estate, trust and related matters during the Covid-19 pandemic through the provision of virtual Mediation and Arbitration services utilizing secure Zoom technology. WEL Partners is participating in the Estate Bar's Estate Arbitration and Litigation Management (EALM) Initiative spearheaded by Suzana Popovic-Montag from Hull & Hull. Please contact our office for more information and to discuss your Mediation or Arbitration needs.

The EALM initiative is an effort to keep estate litigation matters moving forward during the COVID-19 pandemic. While access to the courts remains limited, EALM is available as a means of obtaining assistance in the determination of procedural and/or interim (and certain substantive) matters that are not necessarily urgent in nature and not currently eligible for a virtual court hearing. The matters set out in an EALM agreement can be arbitrated by senior estates practitioners in a timely and cost-efficient manner. EALM arbitrations can take place via teleconference or video conference, depending on the preferences of the parties and the arbitrator.

EALM is not intended to in any way circumvent the role of the Office of the Public Guardian and Trustee (the “PGT”) or the Office of the Children’s Lawyer (the “OCL”) where the estate matter involves unprotected charitable interests or the rights of persons under legal disability. This initiative has received the support of the PGT and the OCL.

EALM is a cost-effective measure to move matters forward and provides the parties to litigation with more control than the traditional court process. Once the courts resume full operations, we can only anticipate that they will be at full capacity and hearing dates will be in high demand. WEL Partners full supports and is a participant in the EALM initiative and we are hopeful that EALM will continue to assist parties to estate litigation and their counsel as a suitable and efficient alternative to in-court hearings.

A list of senior estates practitioners who are prepared to assist as EALM arbitrators is available here. We thank Suzana Popovic-Montag of Hull & Hull for leading this initiative.

This overview is intended for the purposes of providing information only and is to be used only for the purposes of guidance. This information is not intended to be relied upon as the giving of legal advice and does not purport to be exhaustive. Whaley Estate Litigation Partners.

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