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ARTICLE · 02 JUNE 2014

The New Code Of Civil Procedure: An Approach Promoting Negotiations Between The Parties, Mediation And Arbitration

McMillan LLP
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"Bill 28: An Act to Establish the New Code of Civil Procedure" was recently passed and should come into force in 2015.

CanadaLitigation, Mediation & Arbitration
McMillan LLP
McMillan LLP
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Bill 28: An Act to Establish the New Code of Civil Procedure (the "New Code") was recently passed and should come into force in 2015. It will be the first major reform of the Code of Civil Procedure since its adoption in 1966 which will greatly affect relations between parties to a dispute.

Upon first reading, this substantial piece of legislation is surprising to the reader. Indeed, while we would expect it to describe the judicial process, the New Code begins with a series of seven (7) articles discussing the duty of the parties to consider private dispute prevention and resolution processes before going to court.

In this article, we will discuss the impact expected to result from this new approach put forth by the legislator which, in our opinion, will require a radical change in mentalities towards a more cooperative form of justice.

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