An Update on the Estates Arbitration Litigation Management Initiative

April 13, 2020 Suzana Popovic-Montag Litigation Tags: , , , , 0 Comments

We recently wrote about the Estates Arbitration Litigation Management (“EALM”) initiative, which I have spearheaded in an effort to keep estate litigation matters moving forward during the COVID-19 pandemic. As our readers will know, at this time, access to courts is currently limited and EALM is available as a means of obtaining assistance in the determination of procedural and/or interim (and certain substantive) matters that are not urgent in nature.

Since announcing the EALM initiative, I have heard from many members of the Estates Bar, and many others as well across the province, who look forward to implementing EALM in their own practices. I have now also had an opportunity to consult with the Office of the Public Guardian and Trustee and the Office of the Children’s Lawyer to ensure that EALM is structured in a manner such that its use does not in any way restrict their roles in matters where the rights of persons under legal disability may be affected.

A copy of our draft EALM agreement, which is the product of consultations with senior practitioners, is available here.The draft EALM agreement is intended to serve as a template, to be updated by counsel prior to its execution as may be agreed upon by the parties and the proposed arbitrator based on the circumstances of the case, the issues to be submitted to arbitration, and the terms of the engagement of the arbitrator.

A list of senior estates practitioners who are prepared to assist as EALM arbitrators is available here. I thank all of those who have demonstrated an interest in assisting other members of the Estates Bar as arbitrators and would ask that you please contact me at spopovic@hullandhull.com if you wish to be added to our list of EALM arbitrators.

We look forward to hearing from our peers regarding their experiences with EALM and how this tool is assisting us all in continuing to advance matters in the best interests of our clients during this period of uncertainty.

Thank you for reading and stay safe.

Suzana Popovic-Montag

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