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Courses/Law/Mediation/ Arbitration

Dispute Clauses After J.P. Thomson: Court or Arbitrator?

Dispute Resolution Clauses After J.P. Thomson: Interpretation, Jurisdiction, and the Role of the Arbitrator

Created byEli Mogil
4.8
(6 reviews)
BeginnerUpdated Aug 26, 2025
Dispute Clauses After J.P. Thomson: Court or Arbitrator?

What You'll Learn

check_circleInterpret dispute resolution clauses using purposive and contextual tools in line with appellate guidance
check_circleAnalyze the J.P. Thomson decision and how it reframes timelines and procedure in mediation-to-arbitration clauses
check_circleExplain the principle of arbitral competence-competence and its limits under Ontario law
check_circleDifferentiate between grammatical, purposive, and commercial readings in contract interpretation
check_circleIdentify when courts exceed their jurisdiction by making findings reserved for arbitrators
check_circleDraft clearer, enforceable dispute resolution clauses that anticipate procedural ambiguity and maintain flexibility

About This Course

Discover the critical nuances of dispute clauses in commercial litigation with "Dispute Clauses After J.P. Thomson: Court or Arbitrator?". This course, led by seasoned litigator Eli Mogul, explores the evolving landscape of arbitration clause disputes in Ontario, particularly in the wake of the pivotal J.P. Thomson case.

Gain essential insights into:

  • The current trends and challenges in arbitration and multi-stage dispute resolution clauses.
  • Key sectors prone to these disputes and the common pitfalls in drafting such clauses.
  • The implications of the J.P. Thomson case for contractual interpretation and enforceability, including the critical distinction between "deadline" and "threshold" interpretations.
  • The principle of "competence-competence" and its application under Ontario's Arbitration Act.
  • Strategic drafting techniques for clear, enforceable, and commercially reasonable dispute resolution clauses.

Target Audience:

  • Commercial litigators and arbitration counsel
  • In-house legal teams for construction, procurement, and long-term contract management
  • Contract drafting lawyers and corporate counsel
  • Dispute resolution specialists and mediators
  • General counsel responsible for multi-tiered resolution clauses

Your Instructor

Eli Mogil
Eli Mogil

Partner | McCarthy Tétrault

menu_book1 courses
star6 reviews

Eli Mogil is a partner in McCarthy Tétrault Litigation Group in Toronto. He has an active business litigation practice with particular emphasis on shareholder, private client, contractual and real estate disputes. With extensive courtroom experience, Eli is prepared to advocate for clients all the way to trial. Eli focuses his practice on the key sectors growing our economy: financial services, real estate, professional services, and large private companies/entrepreneurs. He has a particular focus on real estate disputes (acting for investors, developers, leading landlords and major institutional tenants), high-net worth individuals and families, and auditors/accountant negligence disputes, having acted for leading multi-national firms. Eli has experience before juries, arbitration panels, administrative and regulatory tribunals, which allows him to provide clients with thoughtful legal advice. Eli taught at the University of Toronto Trial Advocacy Program. He serves as Governance Chair of the TanenbaumCHAT Board of Directors, and served as President of the Board of Directors of the Leo Baeck Day School.

Credit Information

What Students Are Saying

4.8
Student's Choice
6 reviews

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